16 Pa.C.S. § 16902 — PA Code / Title 16 / Chapter 169 / Section 16902
Establishing county roads.
Status: in_force

(a) Powers of the county commissioners.--For the purpose of providing public roads, specially constructed, improved and maintained, the county commissioners may:

(1) Lay and open a road.

(2) Take possession of and exercise control over an existing municipal road or part of a municipal road, 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 of the road laid out, opened or acquired and vacate as much as may become unnecessary and useless.

(b) Control of road by commissioners.--Any road taken over or improved shall become a county road and be subject to the control and supervision of the county commissioners. The county shall keep and maintain county roads established under this part and all other county roads in repair, the expense thereof to be paid by the county in the manner provided under this part. Cross References. Section 16902 is referred to in section 16907 of this title.
16 Pa.C.S. § 15773 — PA Code / Title 16 / Chapter 157 / Section 15773
Providing services without charge prohibited.
Status: in_force

(a) General rule.--Notwithstanding any other provision of law, the county commissioners may not provide without charge items of care or service which an individual is entitled to receive as assistance under the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code.

(b) Construction of section.--This section may not be construed to preclude county commissioners from providing additional forms of assistance not inconsistent with the Human Services Code or the regulations of the Department of Human Services.
16 Pa.C.S. § 16921 — PA Code / Title 16 / Chapter 169 / Section 16921
Improvement of municipal roads.
Status: in_force

(a) General rule.--If a system of main thoroughfares had been adopted or if the adoption is being contemplated within two years after the commencement of the improvement, the county commissioners may take exclusive control of and improve any road or section of road located either wholly or in part in any municipal corporation, whether existing by the municipal corporation's authority or laid out in whole or in part by virtue of this act or otherwise.

(b) Necessary power.--For the purposes of subsection (a), the county commissioners may originally locate, lay out, establish in whole or in part, relocate, straighten, widen, extend, alter, open, construct and improve roads or vacate as much of a road rendered unnecessary and useless.

(c) Maintenance.--A road established, altered, constructed and improved under this section shall, by ordinance enacted by each municipal corporation through which the road shall pass, become a municipal road, and each respective municipal corporation through or into which the road extends shall maintain and keep the road. Cross References. Section 16921 is referred to in sections 16907, 16920, 16922 of this title.
16 Pa.C.S. § 1128 — PA Code / Title 16 / Chapter 11 / Section 1128
Insurance as security coverage.
Status: in_force

A county may comply with section 1123(b) (relating to required security) by providing crime-fidelity insurance for county officers or employees in accordance with this subchapter.
16 Pa.C.S. § 16139.1 — PA Code / Title 16 / Chapter 161 / Section 16139.1
Scope of subchapter.
Status: in_force

This subchapter shall apply to counties of the second class A.
16 Pa.C.S. § 14325 — PA Code / Title 16 / Chapter 143 / Section 14325
Indictment and cost clerk in counties of the fourth class.
Status: in_force

The district attorney of a county of the fourth class, in addition to other assistants authorized in this subchapter, may appoint an assistant who is licensed to practice law in this Commonwealth as an indictment and cost clerk to assist the district attorney in the discharge of the district attorney's duties.
16 Pa.C.S. § 102 — PA Code / Title 16 / Chapter 1 / Section 102
Applicability.
Status: in_force

Except for the following, this title does not apply to counties of the first or second classes:

(1) Section 108 (relating to legislation according to class).

(2) Sections 301 (relating to enumeration of counties), 310 (relating to counties divided into nine classes) and 311 (relating to ascertainment, certification and effect of change of class).

(3)
16 Pa.C.S. § 14925 — PA Code / Title 16 / Chapter 149 / Section 14925
Power of subpoena and attachment.
Status: in_force

(a) Subpoena and power to compel.--The controller or auditors may issue a subpoena to obtain the attendance of an officer whose accounts the controller or auditors are required to adjust, including an executor or administrator of the officer, and of any person whom it may be necessary to examine as a witness and to compel:

(1) attendance by attachment, in accordance with the Pennsylvania Rules of Civil Procedure, in a similar manner and to the same extent as a court of common pleas may or can do in cases pending before the court; and

(2) in a similar manner the production of all books, vouchers and papers relative to the accounts.

(b) Service and execution.--The subpoena under subsection

(a) shall be served and executed by the sheriff or a constable of the county.
16 Pa.C.S. § 17346 — PA Code / Title 16 / Chapter 173 / Section 17346
Interests of public officers, public employees and party officers.
Status: in_force

(a) Employment.--Party officers, public officers, public officials, public employees or individuals convicted of an infamous crime may not be employed as a management-level authority employee.

(b) Public employees.--The act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) apply to board members, officers and employees of the authority, and the following apply:

(1) For the purposes of application of these acts and regardless of compensation, the employees of the authority shall be regarded as public employees and officers or board members of the authority shall be regarded as public officials.

(2) The authority shall be subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and to 65 Pa.C.S. Ch. 7 (relating to open meetings).

(c) Prohibitions.--Notwithstanding subsection (b), the following prohibitions shall apply to the authority created under this subchapter:

(1) A management-level employee or other employee of the authority may not use the employee's position or confidential information received through the employee's position to obtain financial gain other than compensation provided by law for the employee, a member of the employee's immediate family or a personal business.

(2) A management-level employee or other employee of the board or a member of the employee's immediate family or a personal business may not solicit or accept anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the employee would be influenced.

(3) A management-level employee or other employee of the board or a member of the employee's immediate family or

a business in which the person or a member of the person's immediate family is a director, officer, owner or holder of stock exceeding 5% of the equity at fair market value of the business may not enter into a contract valued at $500 or more to provide goods or services to the authority unless the contract has been awarded to the lowest responsible bidder through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.

(4) A former management-level employee or other former employee of the board may not represent a person, with or without compensation, on any matter before the authority with which a former management-level employee or other former employee of the board has been associated for one year after separation from the authority.

(5)

(i) An individual who is a State, county seat or county public officer or public official or party officer or a member of the individual's immediate family or the individual's personal business may not have a financial interest in a contract valued at $500 or more to provide goods or services to the authority either during the time the individual holds the office or for two years after termination unless the contract is executed under paragraph (3).

(ii) For purposes of this paragraph, the term "financial interest" does not include employment by, association with or ownership of a business association unless the public officer, public official, party officer or immediate family member owns shares of stock in the corporation or has an ownership interest in a noncorporate business association in an amount in excess of 5% of the total ownership of the noncorporate business association.

(6) A management-level employee, other employee of the board, an advisor or consultant to the county seat, the county or the State, having recommended to the authority either making a contract relating to a convention center authority or a course of action of which the making of the contract is an express or implied part, may not, at any time after making the recommendation, possess an adverse interest in the contract.

(7) A management-level employee or other employee may not have an adverse interest in a contract with an authority. The following shall apply:

(i) A management-level employee or other employee of the authority, the county seat, the county or the State may not influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which the employee has an adverse interest.

(ii) A person having an adverse interest in a contract with the authority may not become a management-level employee or other employee of the authority until the adverse interest has been wholly divested.

(8) A management-level employee or other employee of the authority, the county seat, the county or the State, except in the performance of his or her duties as an employee, may not for remuneration, directly or indirectly, represent a person in a matter pending before the authority.

(d) Penalties.--An individual who violates this section shall have the individual's employment by the authority

immediately terminated by the appropriate person having the power to terminate and shall be liable to the authority to reimburse the authority for all compensation received by the employee from the authority while employed in violation of subsection (b). The following shall apply:

(1) An individual who violates subsection (c)(1) or (2) commits a felony and, upon conviction, shall be sentenced to pay a fine of not more than $10,000 or to imprisonment for not more than five years, or both.

(2) An individual who violates subsection (c)(3), (4),

(5), (6), (7) or (8) commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both.

(3) An individual who obtains financial gain from violating subsection (c), in addition to any other penalty provided by law, shall pay into the accounts of the authority a sum of money equal to three times the financial gain resulting from the violation.

(4) An individual who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the State and all political subdivisions.

(5) An employee of the county seat, county, State or any political subdivision or a public officer or public official who violates subsection (c) shall automatically forfeit the office or employment.

(6) The penalties and sanctions under this section shall supersede any similar penalties and sanctions provided by 65 Pa.C.S. Ch. 11 and the State Adverse Interest Act.

(e) Definitions.--The following words and phrases shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Business." A corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust or any legal entity organized for profit or as a not-for-profit corporation or organization.

"Immediate family." A parent, spouse, child, brother, sister or like relative-in-law.

"Infamous crime." A violation and conviction for an offense which would disqualify an individual from holding public office under section 6 of Article II of the Constitution of Pennsylvania or a conviction for a violation of this section, 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions) or 18 Pa.C.S. Ch. 47 (relating to bribery and corrupt influence), 49 (relating to falsification and intimidation), 51 (relating to obstructing governmental operations) or 53 (relating to abuse of office) or any other violation of the laws of this Commonwealth for which an individual has been convicted within the preceding 10 years and which is classified as a felony, and similar violations of the laws of the Federal Government or another state.

"Management-level authority employee." The chairperson and members of the board of the authority, counsel employed by the authority, the executive director of the authority and any authority employee with discretionary powers which may affect the outcome of the authority's decision in relation to a private corporation or business or any employee who by virtue of the employee's job function could influence the outcome of the decision.

"Party officer." The following members or officers of a political party:

(1) a member of a national committee;

(2) a chairperson, vice chairperson, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee;

(3) a city chairperson or vice chairperson or counsel, secretary or treasurer of a city committee; or

(4) a county chairperson or vice chairperson or counsel, secretary or treasurer of a county committee.

"Person." A business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.

"Public employee."

(1) An individual employed by the Commonwealth or a political subdivision who is responsible for taking or recommending official action of a nonministerial nature with regard to:

(i) contracting or procurement;

(ii) administering or monitoring grants or subsidies;

(iii) planning or zoning;

(iv) inspecting, licensing, regulating or auditing any person; or

(v) any official action which has an economic impact of greater than a de minimis nature on the interest of any person.

(2) The term does not include individuals who are independent contractors or persons that are employed by the State or a political subdivision in teaching, as distinguished from administrative duties.

"Public officer." An individual elected to any public office of the Commonwealth or a political subdivision.

"Public official."

(1) An elected or appointed official in the executive, legislative or judicial branch of the State or a political subdivision.

(2) The term does not include members of advisory boards that have no authority to expend public money other than reimbursement for personal expenses or to otherwise exercise the power of the State or a political subdivision.

(3) The term does not include an appointed official who receives no compensation other than reimbursement for actual expenses.
16 Pa.C.S. § 13106.1 — PA Code / Title 16 / Chapter 131 / Section 13106.1
Second deputy treasurer.
Status: in_force

The county treasurer may appoint a second deputy treasurer. The second deputy treasurer shall possess and discharge all the rights, powers and duties of the principal deputy treasurer during the principal deputy treasurer's and treasurer's temporary absence.
16 Pa.C.S. § 16101 — PA Code / Title 16 / Chapter 161 / Section 16101
Title to real estate vested in county.
Status: in_force

The title to all real property acquired by or for the use of the county shall be vested in the county for the use of the people in the county and for no other use, except as provided in this chapter.
16 Pa.C.S. § 15399i — PA Code / Title 16 / Chapter 153 / Section 15399i
Commission on the status of women.
Status: in_force

The county commissioners may establish a commission on the status of women.
16 Pa.C.S. § 16125 — PA Code / Title 16 / Chapter 161 / Section 16125
Buildings and grounds.
Status: in_force

Except as otherwise provided by law, the county 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.
16 Pa.C.S. § 14326 — PA Code / Title 16 / Chapter 143 / Section 14326
Stenographers and clerks.
Status: in_force

The salary board in a county may provide for the appointment by the district attorney of clerks and stenographers in the district attorney's office as may be deemed necessary for the proper dispatch of business.
16 Pa.C.S. § 14904 — PA Code / Title 16 / Chapter 149 / Section 14904
Custody of documents.
Status: in_force

The controller shall have custody of and retain in original or other acceptable form, as provided in the most recent edition of the County Records Manual issued for the County Records Committee by the Pennsylvania Historical and Museum Commission, all title deeds to real estate owned by the county, all executed contracts entered into by or on behalf of the county, all records relating to the county's financial affairs and all bonds and other obligations issued by the county, when paid. The bonds and other obligations shall be monitored by the controller, a ledger of which shall be maintained by the controller in a book or an electronic file dedicated for that purpose and retained according to the most recent edition of the County Records Manual.
16 Pa.C.S. § 12316 — PA Code / Title 16 / Chapter 123 / Section 12316
Solicitors to county officers other than county commissioners.
Status: in_force

(a) Appointment.--Each of the following officers may designate and appoint a solicitor licensed to practice law in this Commonwealth which may be an individual or a law firm, partnership, association or professional corporation:

(1) The county treasurer.

(2) The sheriff.

(3) The register of wills.

(4) The recorder of deeds.

(5) The coroner.

(6) The controller or auditors, as appropriate.

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

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

(d) Appropriation.--The county commissioners may appropriate money for the payment of a solicitor appointed under this section.

(e) Judiciary.--The appointment, compensation, powers and duties of solicitors appointed by prothonotaries, clerks of court and clerks of orphans' court shall be in accordance with 42 Pa.C.S. (relating to judiciary and judicial procedure).
16 Pa.C.S. § 16301 — PA Code / Title 16 / Chapter 163 / Section 16301
Exercise of eminent domain.
Status: in_force

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.
16 Pa.C.S. § 17137 — PA Code / Title 16 / Chapter 171 / Section 17137
Operating budget.
Status: in_force

(a) General rule.--At least 90 days before commencement of the ensuing fiscal year of the authority, a recommended operating budget shall be prepared and submitted to the board. The operating budget shall set forth the estimated receipts and revenues of the authority during the next fiscal year. The operating budget for the next fiscal year shall be adopted by the board at least 30 days before the end of the current fiscal year.

(b) Expenses.--The money necessary to pay the administrative expenses of the authority during each fiscal year may be drawn from the Regional Destination Facilities Fund and the Regional Growth Fund. Money drawn under this subsection shall be drawn from the funds in proportion to the amount of time and expense involved in administering each fund. The authority shall not use more than 1% of the total revenues from the taxes imposed under Subchapter E (relating to additional sales and use taxes) to pay the administrative expenses of the authority.

(c) Public hearing.--The board shall conduct public hearings and meetings regarding its operating budget. Cross References. Section 17137 is referred to in sections 17135, 17136, 17172 of this title.
16 Pa.C.S. § 14324 — PA Code / Title 16 / Chapter 143 / Section 14324
Temporary court appointment in counties of the third, fourth, fifth, sixth, seventh and eighth class.
Status: in_force

The court of common pleas of a county of the third, fourth, fifth, sixth, seventh or eighth class shall temporarily appoint a district attorney if the district attorney and the assistants are absent from the court. An individual appointed under this section shall perform the duties of the office until the regular district attorney or one of the assistants appears in person to perform the duties and shall be paid by the county as may be fixed by the court.
16 Pa.C.S. § 17342 — PA Code / Title 16 / Chapter 173 / Section 17342
Sovereign immunity.
Status: in_force

The following apply:

(1) An authority created under this subchapter, and the authority's officers, officials and employees, shall have sovereign and official immunity, as provided under 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver).

(2) An authority created under this subchapter, and the authority's officers, officials and employees, shall remain immune from suit, except as provided by and subject to 42 Pa.C.S. §§ 8501 (relating to definitions), 8502 (relating to enforcement proceedings), 8521 (relating to sovereign

immunity generally), 8522 (relating to exceptions to sovereign immunity), 8523 (relating to venue and process), 8524 (relating to defenses), 8525 (relating to legal assistance), 8526 (relating to counterclaim by the Commonwealth), 8527 (relating to indemnity relating to inmate health care) and 8528 (relating to limitations on damages).

(3) Notwithstanding 42 Pa.C.S. § 8525, the authority, through the authority's counsel, shall defend actions brought against the authority and the authority's officers and employees when acting within the scope of the officers and employees' official duties.
16 Pa.C.S. § 17318 — PA Code / Title 16 / Chapter 173 / Section 17318
Use and operation of convention center.
Status: in_force

The use and operation of the convention center, including all parts of a convention center, and the operation of the business of the authority shall be subject to the rules and regulations adopted by the authority. The authority is not authorized to take any action which may impair the security of the obligees of the authority or violate any agreements with the obligees or for the benefit of the obligees or violate any contracts, leases or other agreements awarded, made or entered into by the authority.
16 Pa.C.S. § 15799.6 — PA Code / Title 16 / Chapter 157 / Section 15799.6
Expenses.
Status: in_force

All expenses incident to the maintenance and operation of a hospital owned or leased to the county, or otherwise established under section 15799.5 (relating to establishment and creation of municipal authorities), including any lease rentals payable by the county to a municipal authority shall be paid by the county out of county money.
16 Pa.C.S. § 16975 — PA Code / Title 16 / Chapter 169 / Section 16975
County road detours.
Status: in_force

(a) Closure of roads.--Except for an emergency in which the safety of the public would be endangered, a county road may not be closed to vehicular traffic except upon order of the county commissioners and may not be closed for a longer period than is necessary for the purpose for which the order is issued. Except for temporary emergency police measures by which the safety of the public would be endangered if it were not temporarily closed, a county road may not be closed to vehicular traffic if the road has been designated as a detour by the Department of Transportation, unless the written consent of the Department of Transportation has first been obtained or unless the county commissioners having jurisdiction over the road, by resolution, declare the closing necessary for the protection of the public safety.

(b) Designation of detour on road closure.--If a county road is closed to vehicular travel, the county commissioners shall immediately designate or lay out a detour on which the county commissioners shall cause to be erected and maintained while the detour is in use legible signs at each public road intersection throughout the entire length of the detour indicating the direction to the main highway. During the period when the detour is in use, the county commissioners shall maintain the detour in a safe and passable condition. The county commissioners shall also immediately remove all detour signs when the highway originally closed is opened again for traffic.

(c) Repair of road designated as detour.--The county commissioners shall, as soon as possible, repair the road designated as a detour and place the road in a condition at least equal to the road's condition when designated as a detour. Cross References. Section 16975 is referred to in sections 16976, 16977 of this title.
16 Pa.C.S. § 13913 — PA Code / Title 16 / Chapter 139 / Section 13913
Removal of bodies to morgue.
Status: in_force

(a) Unidentified or unclaimed body.--If the body of a deceased individual is unidentified or unclaimed by a proper individual located within the county, the body shall be removed to the county morgue or, in a county of the third, fourth, fifth, sixth, seventh and eighth class, to a facility serving in lieu of the county morgue. If necessary, the coroner shall have the body properly embalmed or prepared for preservation for the length of time the coroner determines is required to determine the deceased's identity, the identity of a party

responsible for the deceased and the cause and manner of death. The body may only be examined or inspected by an individual authorized by the coroner or who is admitted in the coroner's presence.

(b) Removal from morgue.--A body may not be removed from a morgue except upon the authorization of the coroner.
16 Pa.C.S. § 17316 — PA Code / Title 16 / Chapter 173 / Section 17316
Interests of public officers, public employees and party officers.
Status: in_force

(a) Management level employees.--

(1) A party officer, public officer, public official or public employee may not be employed as a management-level authority employee.

(2) A person convicted of an infamous crime may not be employed as a management-level employee by the authority.

(b) Other laws applicable.--

(1) The provisions of the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) are made specifically applicable to board members, officers and employees of the authority. For the purposes of application of these acts, employees of the authority shall be regarded as public employees of the Commonwealth, and officers and board members of the authority shall be regarded as public officials of the Commonwealth, regardless of whether the employee, officer or board member receive compensation.

(2) The authority is subject to the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, and 65 Pa.C.S. Ch. 7 (relating to open meetings).

(c) Conflicts of interest.--Notwithstanding the provisions of subsection (b), the following prohibitions shall apply:

(1) A management-level employee or other employee of the authority may not use the employee's position with the authority or confidential information received through the employee's position with the authority to obtain financial gain other than compensation provided by law for the employee, a member of the employee's immediate family or a business with which the employee is associated. For purposes of this paragraph, the term "business with which the employee is associated" shall mean a business in which the employee or a member of the employee's immediate family is a director, officer, owner, employee or stockholder.

(2) A person may not offer or give to a management-level employee or other employee of the authority or a member of the employee's immediate family or a business with which the employee is associated, and management-level employees or other employees of the board may not solicit or accept, anything of value, including a gift, loan, political contribution, reward or promise of future employment, based on an understanding that the vote, official action or judgment of the employee would be influenced thereby. For purposes of this paragraph, the term "business with which the employee is associated" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employee or stockholder.

(3) A management-level employee or other employee of the authority or a member of the employee's immediate family or a business in which the employee or a member of the employee's immediate family is a director, officer, owner or stockholder exceeding 5% of the equity at fair market value of the business may not enter into a contract valued at $500 or more to provide goods or services to the authority unless the contract has been awarded to the lowest responsible bidder through an open and public process,

including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded.

(4) A former management-level employee or other former employee of the authority may not represent a person, with or without compensation, on any matter before the authority with which the employee has been associated for one year after the employee leaves employment with the authority.

(5) An individual who is a State, county seat or county public officer or public official or a party officer, a member of the immediate family of the individual or a business with which the individual or immediate family member is associated shall not have a financial interest in a contract valued at $500 or more to provide goods or services to the authority either during the time the individual holds the office or for two years after the individual terminates the office unless the contract is executed under paragraph

(3). For purposes of this paragraph:

(i) The term "financial interest" does not include employment by, association with or ownership of a business association unless the public officer, public official, party officer or immediate family member owns shares of stock in the corporation in an amount in excess of 5% of the total issue of the stock of the corporation or has an ownership interest in a noncorporate business association in an amount in excess of 5% of the total ownership of the noncorporate business association.

(ii) The term "business with which the individual or immediate family member is associated" shall mean a business in which the person or a member of the person's immediate family is a director, officer, owner, employee or holder of stock.

(6) An employee of the authority or an advisor or consultant to the county seat, the county or the State who has recommended to the authority which the employee serves either entering into a contract relating to a convention center authority or a course of action of which entering into the contract is an express or implied part may not have an adverse interest in the contract.

(7) A management-level employee or other employee of the authority, the county seat, the county or the State may not influence or attempt to influence the making of or supervise or in any manner deal with a contract with the authority in which the employee has an adverse interest.

(8) A management-level employee or other employee of the authority may not have an adverse interest in a contract with the authority.

(9) An individual having an adverse interest in a contract with the authority may not become a management-level employee or other employee of the authority until the adverse interest is wholly divested.

(10) A management-level employee or other employee of the Commonwealth, authority, county seat or county, except in the performance of the employee's duties for the authority, may not, directly or indirectly, represent a person upon a matter pending before the authority for remuneration.

(d) Penalties.--

(1) An individual who violates this section shall be immediately terminated from employment with the authority by the appropriate individual having the power to terminate and shall be liable to the authority to reimburse the

authority for all compensation received by the employee from the authority while employed in violation of subsection (a).

(2) An individual who violates subsection (c)(1) or (2) commits a felony and, upon conviction, shall be sentenced to pay a fine of not more than $10,000 or to imprisonment for not more than five years, or both.

(3) An individual who violates subsection (c)(3), (4),

(5), (6), (7), (8), (9) or (10) commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than one year, or both.

(4) An individual who obtains financial gain from violating subsection (c), in addition to any other penalty provided by law, shall pay into the accounts of the authority a sum of money equal to three times the financial gain resulting from the violation.

(5) An individual who violates subsection (c) shall be barred for a period of five years from engaging in any business or contract with the authority, the county seat, the county, the Commonwealth and all political subdivisions of the Commonwealth.

(6) An employee of the county seat, the county or the Commonwealth or any political subdivision of the Commonwealth or a public officer or public official who violates subsection (c) must automatically forfeit the office or employment the employee, officer or official holds.

(7) The penalties and sanctions provided by this section shall supersede any similar penalties and sanctions provided by 65 Pa.C.S. Ch. 11 and the State Adverse Interest Act.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Business." A corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint-stock company, receivership, trust or any legal entity organized for profit or as a not-for-profit corporation or organization.

"Immediate family." A parent, spouse, child, brother, sister or like relative-in-law.

"Infamous crime." A violation and conviction for an offense which would disqualify an individual from holding public office pursuant to section 6 of Article II of the Constitution of Pennsylvania or a conviction for a violation of this section, 18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions) or 18 Pa.C.S. Ch. 47 (relating to bribery and corrupt influence), 49 (relating to falsification and intimidation), 51 (relating to obstructing governmental operations) or 53 (relating to abuse of office) or any other violation of the laws of this Commonwealth for which an individual has been convicted within the preceding 10 years and which is classified as a felony, and similar violations of the laws of another state or the Federal Government.

"Management-level authority employee." The chairperson and members of the board, counsel employed by the authority, the executive director of the authority and authority employees with discretionary powers which may affect the outcome of the authority's decision in relation to a private corporation or business or employees who, by virtue of the employee's job function, have the ability to influence the outcome of the decision.

"Party officer." Any of following members or officers of a political party:

(1) A member of a national committee.

(2) A chairperson, vice chairperson, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee.

(3) A city chairperson or vice chairperson or counsel, secretary or treasurer of a city committee.

(4) A county chairperson or vice chairperson or counsel, secretary or treasurer of a county committee.

"Person." A business, individual, corporation, union, association, firm, partnership, committee, club or other organization or group of persons.

"Public employee." As follows:

(1) The term includes an individual employed by the Commonwealth or a political subdivision of the Commonwealth who is responsible for taking or recommending official action of a nonministerial nature with regard to:

(i) contracting or procurement;

(ii) administering or monitoring grants or subsidies;

(iii) planning or zoning;

(iv) inspecting, licensing, regulating or auditing any person; or

(v) any other official action which has an economic impact of greater than a de minimis nature on the interest of any person.

(2) The term does not include individuals who are employed by the Commonwealth or a political subdivision of the Commonwealth in teaching, as distinguished from administrative duties.

"Public officer." An individual elected to any public office of the Commonwealth or a political subdivision of the Commonwealth.

"Public official." An elected or appointed official in the executive, legislative or judicial branch of the Commonwealth or a political subdivision of the Commonwealth. The term does not include any of the following:

(1) Members of advisory boards who have no authority to expend public money other than reimbursement for personal expense or to otherwise exercise the power of the Commonwealth or a political subdivision of the Commonwealth.

(2) An appointed official who receives no compensation other than reimbursement for actual expenses.
16 Pa.C.S. § 12342 — PA Code / Title 16 / Chapter 123 / Section 12342
Deputies and solicitors.
Status: in_force

With the approval of the solicitor's principals, the first and, if appointed, second deputy and the solicitor of the following officers may attend the annual meeting of the principal's respective association with or in place of the solicitor's principals:

(1) Controller.

(2) Sheriff.

(3) Register of wills.

(4) Clerk of orphans' court.

(5) Treasurer.

(6) Prothonotary.

(7) Clerk of courts.

(8) Recorder of deeds.

(9) District attorney.

(10) Public defender.

(11) Coroner.
16 Pa.C.S. § 14954 — PA Code / Title 16 / Chapter 149 / Section 14954
Fees of witnesses and jurors.
Status: in_force

Fees of witnesses and jurors shall be ascertained by the courts of the county entered upon the records and duly certified by the respective clerks to the county commissioners being first sworn to or affirmed before the controller or the chief clerk of the county commissioners, as the case may be.
16 Pa.C.S. § 15101 — PA Code / Title 16 / Chapter 151 / Section 15101
Commissioners sole contractors for county generally.
Status: in_force

(a) Contracts for services and personal property.--In counties of the third, fourth, fifth, sixth, seventh or eighth class, the county commissioners shall contract for and purchase the services referred to in section 12508 (relating to office supplies) and personal property for county officers and agencies. A contract and purchase not in excess of the base amount of $18,500, subject to adjustment under subsection (c), shall be by note or memorandum, in writing, signed by the county commissioners or their designees. A copy of the note and memorandum and the executed written contract, or electronic copy of the executed written contract, shall be filed in the office of the controller or, in a county without a controller, with the chief clerk of the county commissioners.

(b) Price quotations.--

(1) Except as otherwise provided in section 15102(h)(4) (relating to contract procedures, terms and bonds and advertising for bids), for counties of 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 the contracts in excess of the base amount of $10,000, subject to adjustment under subsection (c), but less than the amount requiring advertisement and competitive bidding. 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.

(2) A written record of telephonic price quotations shall be made and shall contain at least:

(i) the date of the quotation;

(ii) the name of the contractor and the contractor's representative;

(iii) the construction, reconstruction, repair, maintenance or work which was the subject of the quotation; and

(iv) the price.

(3) Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.

(c) Adjustments to base amounts.--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 12-month period ending September 30, 2012, and for each successive 12-month period thereafter.

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

(3) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1):

(i) 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; and

(ii) the preliminary adjusted amounts shall be rounded to the nearest $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:

(i) 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; and

(ii) the sums shall be rounded to the nearest $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 November 3, 2011, 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 transmit notice to the Legislative Reference Bureau for publication 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 January 1 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) may not exceed 3%.

(d) Wholesale purchases.--The county commissioners shall, if possible, anticipate the needs of the various officers, agencies and operations of the county and endeavor to purchase in wholesale quantities, if practicable and if savings could be achieved by wholesale purchase.

(e) Purposes of contracts and purchases.--The county commissioners may make contracts and purchases for all purposes expressly or impliedly authorized by law. Cross References. Section 15101 is referred to in sections 15102, 15103, 16117, 17315, 17345 of this title.
16 Pa.C.S. § 13923 — PA Code / Title 16 / Chapter 139 / Section 13923
Release of coroner's jurisdiction.
Status: in_force

If a coroner assumes jurisdiction of a body under the provisions of this chapter or any other law, the body may not be released or removed from the coroner's jurisdiction except upon the coroner's directions and consent in accordance with law.
16 Pa.C.S. § 17507 — PA Code / Title 16 / Chapter 175 / Section 17507
Hotel room rental tax in third through eighth class counties.
Status: in_force

(a) Imposition.--A county may, by ordinance, impose a tax which shall be known as the hotel room rental tax on the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to accommodate transients. The tax shall be collected by the operator from the patron of the room and paid over to the county where the hotel is located as provided under this section.

(b) Limitation on tax rate.--The rate of tax imposed under this section shall not exceed 5%.

(c) Collection, deposit and distribution.--The treasurer of each county electing to impose the tax authorized under this section shall collect the tax and deposit the revenues received from the tax in a special fund established for that purpose. Subsequent to the deduction for administrative costs established in subsection (i), the county shall distribute to the recognized tourist promotion agency all revenues received from the tax not later than 60 days after receipt of the tax revenues.

(d) Use of tax revenue.--The revenues from the special fund shall be used by the recognized tourist promotion agency for any of the following purposes:

(1) Marketing the area served by the agency as a leisure travel destination.

(2) Marketing the area served by the agency as a business, convention or meeting travel destination.

(3) Using all appropriate marketing tools to accomplish these purposes, including, but not limited to, advertising, publicity, publications, direct marketing, sales, technology and participation in industry trade shows that attract tourists or travelers to the area served by the agency.

(4) Programs, expenditures or grants that are directly and substantially related to tourism or a business, convention or meeting travel destination within the county, augment and do not compete with private sector tourism or travel efforts and improve and expand the county as a destination market as deemed necessary by the recognized tourist promotion agency. The following shall apply to grants awarded under this paragraph:

(i) Grants require a cash or in-kind local match of at least 25%.

(ii) Grants may not be used for signage that promotes a specific private entity on the situs of that entity, except where the signage also carries the logo of a recognized tourist promotion agency.

(5) Any other tourism or travel marketing or promotion program, expenditure or project that does not compete with private sector tourism or travel efforts as deemed necessary by the recognized tourist promotion agency.

(e) Concurrent tax years.--Each taxable year for any tax imposed under this section shall run concurrently with the county's fiscal year.

(f) Audit.--An audited report or financial statement, as determined by the county in consultation with the recognized tourist promotion agency, on the income and expenditures incurred by a recognized tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the recognized tourist promotion agency to the county commissioners.

(g) Sanction.--The following shall apply:

(1) If a recognized tourist promotion agency fails to submit an annual audit report or financial statement required under subsection (f) within 90 days of the end of the recognized tourist promotion agency's fiscal year, the corresponding county may withhold tax revenues collected and deposited in a special fund under this section until the required annual audit report or financial statement is submitted to the county.

(2) In the event the county does not take action under paragraph (1) within 120 days of the end of the recognized tourist promotion agency's fiscal year, the Secretary of Community and Economic Development may require the county to withhold tax revenues collected and deposited in a special fund under this section until the required annual audit report or financial statement is submitted to the county and the Department of Community and Economic Development.

(h) Conflict of interest.--Any board member, director, officer or employee of a recognized tourist promotion agency shall disclose to the recognized tourist promotion agency the nature of any conflict of interest or financial interest and recuse himself or herself from any action taken on behalf of the recognized tourist promotion agency which may result in a private pecuniary benefit to the individual, a member of the individual's immediate family or a business with which the individual or a member of the individual's immediate family is associated.

(i) Administrative costs.--For the purposes of defraying the costs associated with the collection of the tax imposed under this section and otherwise performing its obligations under this section, the county may deduct and retain an administrative fee from the taxes collected under this section. The administrative fee shall be established by the county but shall not exceed 4% of the taxes collected in any taxable year.

(j) Penalty.--A penalty of 1.5% per month shall be imposed upon the operator of a hotel for failure to timely collect and remit the tax authorized by this section. In addition to other remedies available for collection of debts, the county may file a lien upon the hotel in the name of the county and for the use of the county as provided by law.

(k) Definitions.--The following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Bed and breakfast" or "homestead." A public accommodation consisting of a private residence, which contains 10 or fewer bedrooms, used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room.

"Cabin." A permanent structure with beds and running water that is located on a campground on State land or private property and is available to provide overnight lodging for consideration to persons seeking temporary accommodations. The term does not include a yurt or walled tent.

"Conflict of interest." Use by a board member, director, officer or employee of a recognized tourist promotion agency of the authority of his or her office or employment or any confidential information received through his or her capacity in relation to a recognized tourist promotion agency for the private pecuniary benefit of himself or herself, a member of his or her immediate family or a business with which he or she or a member of his or her immediate family is associated. The term does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes a board member, director, officer or employee, a member of his or her immediate family or business with which he or she or a member of his or her immediate family is associated.

"Consideration." Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for a temporary period.

"County." Any county of the third through eighth class that was authorized to levy a hotel occupancy or room rental tax under former sections 1770.2 or 1770.6 of the County Code.

"Hotel." A hotel, motel, inn, guest house, rooming house, bed and breakfast, homestead or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; any place recognized as a hostelry or any cabin. The term does not include any of the following:

(1) A charitable institution.

(2) A portion of a facility that is devoted to persons who have an established permanent residence.

(3) A college or university student residence hall currently occupied by students enrolled in a degree program.

(4) An educational or religious institution camp for children, including a camp registered under the act of November 10, 1959 (P.L.1400, No.497), entitled "An act

providing for the annual registration of organized camps for children, youth and adults; defining the duties of the Department of Health of the Commonwealth of Pennsylvania; and prescribing penalties."

(5) A hospital.

(6) A nursing home.

(7) Part of a campground that is not a cabin.

"Immediate family." A spouse, parent, brother, sister or child.

"Marketing." An action by a recognized tourism promotion agency that includes, but is not limited to, promoting and encouraging visitors to visit a specific county, counties or geographic region.

"Occupancy." The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator." Any individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a building to the public for consideration.

"Patron." Any person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding 30 consecutive days.

"Recognized tourist promotion agency." The nonprofit corporation, organization, association or agency which is engaged in planning and promoting programs designed to stimulate and increase the volume of tourist, visitor and vacation business within a county and certified by the county as of April 20, 2016, or under section 17508 (relating to certification of recognized tourist promotion agencies).

"Room." A space in a building set aside for use and occupancy by patrons or otherwise, for consideration, having at least one bed or other sleeping accommodations provided.

"Transaction." The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration emanates to the operator under an express or implied contract.

"Transient." An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.
16 Pa.C.S. § 13914 — PA Code / Title 16 / Chapter 139 / Section 13914
Removal of body, burial and vehicle.
Status: in_force

(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.
16 Pa.C.S. § 106 — PA Code / Title 16 / Chapter 1 / Section 106
Construction of references.
Status: in_force

If reference is made to any act, the reference shall also apply to and include any codifications in which the provisions of the act referred to are substantially reenacted or to reenactments, revisions or amendments of the act.
16 Pa.C.S. § 16106 — PA Code / Title 16 / Chapter 161 / Section 16106
Authority to sell or lease real property.
Status: in_force

(a) General rule.--The county commissioners may sell any estate in real property for not less than the fair market value. If the county 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, the knowledge or belief shall be advertised, together with the description of the land, in at least one newspaper of general circulation in the county. In the case that the fair market value of the real property is estimated to be in excess of $10,000, the fair market value shall be determined by the county commissioners in consultation with two of the following:

(1) The county assessor.

(2) Certified broker-appraisers.

(3) Certified real estate appraisers doing business within the county.

(b) Lease of property.--The county commissioners may lease an estate in real property owned by the county or other real property for which the county is the lessee. For a lease of county property, the property, with improvements or additions on or to the property, shall, in the hands of the lessee, be subject to taxation by the county and any other political subdivision in the county in the same manner as other real estate located in the county. The taxes shall be levied and assessed against and paid by the lessee.

(c) Exception.--Subsection (a) may not be mandatory if county real property is to be sold to any of the following:

(1) A political subdivision, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the county.

(2) A municipal authority under 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 may not apply to property owned and operated by a county or subcontracted or operated on behalf of a county in order to conduct existing government functions.

(4) A person for the exclusive use of the property in an industrial development program.

(5) A nonprofit corporation organized as a public library for the exclusive use as a library.

(6) A nonprofit medical service corporation for the exclusive use as a site for a medical service facility.

(7) A nonprofit housing corporation.

(8) The Federal Government.

(9) The Commonwealth.

(10) An authority under the act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law.

(11) A redevelopment authority under 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 under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(d) Sale to qualified entity.--If the real property is sold or leased to a qualified entity under subsection (c), the commissioners may elect to accept nominal consideration for the sale as the commissioners deem appropriate. Real property sold under this subsection to an entity under subsection (c), other than a city, borough, town, township, institution district, school district, municipal authority under 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.

(e) Application.--This section does not apply to leases or sales of county property or other property which are otherwise specifically provided for by law.

(f) Transfer of interest in real property.--The commissioners shall provide for the transfer of an interest in real property under this section by deed or by written lease under the seal of the county, as applicable. Cross References. Section 16106 is referred to in section 16102 of this title.
16 Pa.C.S. § 15732 — PA Code / Title 16 / Chapter 157 / Section 15732
Aid to municipal corporations for sewage purposes.
Status: in_force

The county commissioners may make appropriations to aid municipal corporations in the construction or maintenance of sewers or wastewater treatment facilities if the project has received all necessary approvals or permits from the Department of Environmental Protection.
16 Pa.C.S. § 17353 — PA Code / Title 16 / Chapter 173 / Section 17353
Construction.
Status: in_force

Nothing in this subchapter shall be construed to limit any action taken under Subchapter A (relating to third class county convention center authorities).
16 Pa.C.S. § 1303 — PA Code / Title 16 / Chapter 13 / Section 1303
Confidentiality.
Status: in_force

A record of a discharge received by the recorder of deeds for recording shall be confidential and may not be disclosed except as follows:

(1) To the individual who is the subject of the discharge, to a member of the individual's immediate family or, as authorized in writing, to the individual's agent or representative.

(2) To a person making a request for a record, report or form if the event that resulted in the record, report or form occurred more than 85 years prior to the request.

(3) If required by process of a court to be produced in a suit or proceeding pending.

(4) If required by the county director of veterans affairs or a department or other agency of the Commonwealth or Federal Government.
16 Pa.C.S. § 16711 — PA Code / Title 16 / Chapter 167 / Section 16711
Cost sharing.
Status: in_force

If a bridge is proposed to be located in a municipality, the county may enter into an agreement with the municipality if the municipality bears a portion of the cost of the location, laying out, opening, construction and maintenance of the bridge or that the municipality provides or maintains the approach to the bridge within the municipality or bears the costs of property damages of the approach. Each agreement shall be entered into in writing and at least one executed copy of the agreement shall be provided to each party. Each bridge shall be a county bridge and, except as otherwise provided, be maintained by the county. Maintenance expenses shall be provided out of county funds authorized for use in the maintenance of county bridges.
16 Pa.C.S. § 12502 — PA Code / Title 16 / Chapter 125 / Section 12502
Organization.
Status: in_force

The county commissioners shall meet on the first Monday of January 1956 and on the first Monday of January every fourth year thereafter in the office provided for the county commissioners at the county seat for the purpose of organization. If the first Monday is a legal holiday, the meeting shall be held the next day.
16 Pa.C.S. § 16302 — PA Code / Title 16 / Chapter 163 / Section 16302
Restrictions as to certain property.
Status: in_force

(a) Prohibition.--Except as provided in subsection (b), land or property used for a cemetery, burying ground or place of public worship may not be taken or appropriated by virtue of a power contained in this chapter.

(b) Exception for certain counties.--The prohibition in subsection (a) shall not apply to a county of the second class A in which 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) Railroad property restrictions.--For counties of the third, fourth, fifth, sixth, seventh and eighth class, the right-of-way of a railroad company may not be acquired or occupied without the consent of the company owning or operating or in possession of the property.
16 Pa.C.S. § 2301 — PA Code / Title 16 / Chapter 23 / Section 2301
Authorization of vehicle rental tax by counties of the first class.
Status: in_force

(a) Authorization.--Notwithstanding any provision of this title or any other law, each county of the first class may impose an excise tax on the rental of a rental vehicle in that county. If the county is coterminous with a city of the first class, imposition of the tax in the county, if any, shall be by the city. The tax may be imposed on a person renting a rental vehicle at a rate of up to 2% of the purchase price of the rental.

(b) Proceeds.--

(1) The proceeds of the vehicle rental tax shall be dedicated solely to the payment of the costs of capital projects, including lease payments or service agreements with authorities for capital projects and debt service on bonds issued for capital projects.

(2) The Commonwealth pledges to and agrees with any person, firm or corporation subscribing to or acquiring bonds issued by the county, city or an authority to finance a capital project for which the tax was dedicated that the

Commonwealth will not repeal this authorization or reduce the rate of tax authorized under this section until each of the bonds and the interest on the bonds have been paid or provision for the payment has been made.

(3) A county or city of the first class imposing the tax and dedicating the tax under this section may not repeal the tax, reduce the rate of the tax or revoke the dedication until each of the bonds and the interest on the bonds have been paid or provision for the payment has been made.

(4) Payments by a county or a city of the first class under a lease or service agreement may not constitute debt of the Commonwealth or of a county or city of the first class.

(c) Collection.--The vehicle rental tax shall be collected by each vehicle rental company in the county or city of the first class imposing the tax. The tax shall be collected at the time the rental vehicle is rented by the vehicle rental company and shall be remitted by the vehicle rental company to the county or city of the first class that imposed the tax in accordance with rules and regulations established by the county or city or the tax collection agencies of the county or city for collection and remittance of the tax. A person required to collect or pay over the tax authorized under this section and who fails to collect or pay over the tax shall be liable for the full amount of the tax, including interest or penalties which may be imposed by a county or city of the first class.

(d) Regulations.--The county or city of the first class and the county's or city's tax collection agencies may promulgate and enforce rules and regulations not inconsistent with this section relating to the collection, administration and enforcement of this section.

(e) Location.--For purposes of this section, the location of the rental of the vehicle is the place where the renter takes possession of the rental vehicle.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Rental vehicle." Any of the following:

(1) A private passenger motor vehicle designed to transport no more than 15 passengers.

(2) A truck, trailer or semitrailer used in the transportation of property other than commercial freight, that is:

(i) rented without a driver;

(ii) part of a fleet of at least five rental vehicles that are used for that purpose and owned or leased by the same person or entity; and

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

"Vehicle rental company." An entity engaged in the business of renting motor vehicles in this Commonwealth.
16 Pa.C.S. § 301 — PA Code / Title 16 / Chapter 3 / Section 301
Enumeration of counties.
Status: in_force

The Commonwealth shall be divided into 67 named counties, as now established by law. The counties shall be Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Delaware, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming and York. Cross References. Section 301 is referred to in section 102 of this title.
16 Pa.C.S. § 14102 — PA Code / Title 16 / Chapter 141 / Section 14102
Office holders.
Status: in_force

(a) Counties of the third and fourth classes.--In counties of the third and fourth classes, one individual shall hold the office of prothonotary, one individual shall hold the office of clerk of courts, one individual shall hold the offices of register of wills and clerk of orphans' court and one individual shall hold the office of recorder of deeds.

(b) Reconfiguration.--

(1) Notwithstanding subsection (a) or any other provision of law, a county advancing from the fifth class to fourth class as a result of Federal decennial census data certified after the primary election in the year of a municipal election may maintain the configuration of offices in effect in the county if the county, in consultation with the president judge of the court of common pleas of the county, deems appropriate.

(2) If a county subject to paragraph (1) determines that reconfiguration of offices under subsection (a) or other general law applicable to the holding of offices and to the classification of the county is appropriate, the county shall wait until the year when the offices are next up for election to initiate the reconfiguration.

(c) Continuation.--Notwithstanding subsection (a) or (b) or any other provision of law, the county commissioners of a county advancing from the fifth class to fourth class may adopt a resolution providing that one individual shall continue to hold the offices of prothonotary and clerk of courts, unless an applicable local law states otherwise.

(d) One office holder.--Notwithstanding subsection (a) or

(b) or any other provision of law, the county commissioners of a county advancing from the fifth class to fourth class may adopt a resolution providing that one individual shall hold the offices of register of wills, recorder of deeds and clerk of orphans' court, unless an applicable local law states otherwise.

(e) Counties of the fifth class.--In counties of the fifth class, one individual shall hold the offices of prothonotary and clerk of courts, one individual shall hold the offices of register of wills and clerk of orphans' court and one individual shall hold the office of recorder of deeds, unless an applicable local law states otherwise.

(f) Counties advancing to fifth class.--Notwithstanding subsection (e) or any other provision of law, the county commissioners of a county advancing from the sixth class to fifth class may adopt a resolution providing that one individual shall continue to hold the offices of register of wills, recorder of deeds and clerk of orphans' court, unless an applicable local law states otherwise.

(g) Counties of sixth and seventh classes.--In counties of the sixth and seventh classes, one individual shall hold the offices of prothonotary and clerk of courts and one individual shall hold the offices of register of wills, recorder of deeds and clerk of orphans' court, unless an applicable local law states otherwise.

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

(i) Applicability.--Nothing in this section shall be construed to repeal the act of July 2, 1839 (P.L.559, No.193), entitled "An act to provide for the election of Prothonotaries, Clerks, Recorders, and Registers," or the provisions of any other local law.

(j) Offices not held.--

(1) A county in which the offices under this chapter are not held that seeks to provide for the holding of two or more of the offices by the same individual may, at any time:

(i) apply the provisions of this section, in whole or in part; and

(ii) provide for the holding of the county offices in the manner specified under this section for the class of counties to which the county belongs.

(2) The recombining of the offices under paragraph (1) shall take effect in the year in which the offices are next up for election, at which time offices in the county shall be held in accordance with the provisions of this section authorizing the combining of the offices or any other general law applicable to the holding of offices and to the classification of the county.

(k) Proceedings.--The proceedings for a county to accept the provisions of this section regarding the county's offices shall be in accordance with section 14103 (relating to separate judicial districts) as applicable. Upon the expiration of the term of a county officer affected by the proceeding, the following apply:

(1) The office of the county officer shall be joined to another county officer whose term still continues, and no successor shall be elected to the office.

(2) If the terms of all officers affected expire at the same time, upon expiration, the offices shall be joined and occupied by one individual elected at the preceding municipal election.
16 Pa.C.S. § 12350 — PA Code / Title 16 / Chapter 123 / Section 12350
Removal of county officers and appointees.
Status: in_force

(a) Elected.--A county commissioner, sheriff, coroner, prothonotary, register of wills, recorder of deeds, treasurer, county auditor or county controller, clerk of courts, district attorney or any other officer of the counties, whether elected or duly appointed to fill a vacancy, may be removed from office only:

(1) by impeachment, or by the Governor, for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or

(2) upon conviction of misbehavior in office or of an infamous crime in accordance with the Constitution of Pennsylvania, but their title to office may be tried by proceedings of quo warranto as provided by law.

(b) Appointed.--An appointee to a county office or position other than to an elected office shall be:

(1) Subject to removal at the pleasure of the appointing authority, except as otherwise expressly provided by law.

(2) Removed on conviction of misbehavior in office or of an infamous crime.
16 Pa.C.S. § 12306 — PA Code / Title 16 / Chapter 123 / Section 12306
Open records.
Status: in_force

Except as provided under this chapter, each record of a county office shall be open for inspection subject to the rules and regulations provided under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
16 Pa.C.S. § 14980 — PA Code / Title 16 / Chapter 149 / Section 14980
Fiscal year and preparation of proposed annual budget.
Status: in_force

(a) Fiscal year.--The fiscal year of each county shall begin on January 1 and end on December 31 of each year.

(b) Preparation of proposed budget.--At least 90 days prior to adopting the budget, the county commissioners shall begin the preparation of the proposed budget for the succeeding fiscal year. The budget may be prepared based upon information collected and transmitted by the controller as provided under subsection (c) or by the county commissioners, a finance department or a designated person employed and qualified by the county commissioners.

(c) Budget information.--At the request of the county commissioners, but in no case less than 60 days prior to adoption of the budget by the commissioners, the controller shall prepare and transmit to the commissioners:

(1) A comparative statement of revenues for the current and immediately preceding fiscal year and a comparative statement of expenditures, including interest due and to become due on the lawful interest-bearing debts of the county for the same years. In counties in which the controller is a participant in the development of the budget, the

controller shall also include balances projected for the close of the current fiscal year.

(2) The amounts of the appropriation requests, submitted to the controller or to the county commissioners and supplied by the county commissioners to the controller, from the county offices and agencies, including estimates of expenditures contemplated by the county commissioners as forwarded by the county commissioners to the controller.

(d) Form.--The information requested by the county commissioners under subsection (b) or (c) shall be in the form requested by the commissioners or on forms furnished by the Department of Community and Economic Development under this subchapter. With this information as a guide, the county commissioners shall, within a reasonable time, begin the preparation of a proposed budget for the succeeding fiscal year.
16 Pa.C.S. § 1123 — PA Code / Title 16 / Chapter 11 / Section 1123
Required security.
Status: in_force

(a) In general.--A county shall obtain security coverage and additional coverage for county officers and employees in accordance with this subchapter.

(b) Security coverage.--Security coverage shall be provided in accordance with the following:

(1) Section 1124 (relating to official security and officers).

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

(3) Section 1126 (relating to county officers and employees acting as agents).

(c) Additional coverage.--Supplemental to or as part of the security coverage to be provided in accordance with this subchapter, the county shall obtain additional coverage in the form of adequate insurance indemnifying it against the loss of money and property through robbery, burglary and larceny by parties other than those required to obtain security in accordance with this chapter.

(d) Primary liability.--

(1) Except as provided in paragraph (2), the county shall be primarily liable for a claim for the loss of money and property which a county officer or employee is required to receive, account for or hold by virtue of the officer's or employee's office or employment, to the extent that the loss is or could have been the subject of required security under this subchapter.

(2) The county shall not be primarily liable for a claim for the loss of money and property under paragraph (1) to the extent that recovery of the loss can be obtained from other insurance or bond protection provided by the Commonwealth agency or any other person or entity asserting a claim.

(3) With regard to the loss of money or property, nothing in this subchapter shall be deemed to restrict or diminish a county's right to reimbursement or subrogation or to limit any right the county may have to be indemnified or receive restitution for the loss. Cross References. Section 1123 is referred to in sections 1127, 1128 of this title.
16 Pa.C.S. § 16776 — PA Code / Title 16 / Chapter 167 / Section 16776
Incurring of indebtedness and taxation for debt service.
Status: in_force

A county constructing a bridge or making any other capital improvement or major repairs under this chapter may, under a resolution adopted by the county commissioners, incur indebtedness and borrow money under this section. A county may levy and collect on all taxable property in the county, in addition to all other taxes, for the purposes of servicing indebtedness under this section.
16 Pa.C.S. § 17345 — PA Code / Title 16 / Chapter 173 / Section 17345
Award of contracts.
Status: in_force

(a) Bids.--

(1) All construction, reconstruction, repairs or work of any nature made by the authority in which the entire cost, value or amount exceeds the adjusted base amount under section 15101(a) (relating to commissioners sole contractors

for county generally) for which bids are required for counties shall be approved only under contract.

(2) For a contract under paragraph (1), the authority shall:

(i) provide public notice to solicit competitive bids as provided under this section; and

(ii) enter into the contract with the lowest responsible bidder.

(3) The authority shall have the right to reject any bid or select a single item from any bid in accordance with paragraph (2).

(b) Contracts.--

(1) Subsection (a) shall not apply to construction, reconstruction, repairs or work done by employees of the authority or by labor supplied under agreement with a Federal agency, State public body or political subdivision.

(2) No contract shall be entered into under subsection

(a) for construction, improvement or repair of a project unless the contractor provides sufficient surety approved by the authority in an amount fixed by the authority for the performance of the contract.

(3) All contracts entered into under subsection (a) shall provide that the individual or corporation entering into the contract with the authority pay for all materials furnished and services rendered for the performance of the contract and that an individual or corporation furnishing materials or rendering services may maintain an action to recover against its obligor providing materials or services within one year.

(4) Nothing in this section shall be construed to limit the power of the authority to construct, repair or improve a project or portion of a project or any addition, betterment or extension of a project directly by the officers and employees of the authority.

(5) The authority shall award the construction of a convention center according to the provisions of the act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act, and shall be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code).

(6) Nothing in this section or other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering or other professional services required by the authority.

(c) Notice.--The authority shall provide due public notice to receive bids for contracts for supplies and materials that exceed the adjusted base amount under subsection 15101(a) for which bids are required for counties.

(d) Accepted bid.--The authority shall accept the lowest bid from a responsible bidder when kind, quality and material is equal, and the following apply:

(1) The authority shall have the right to reject any bid or select a single item from a bid.

(2) This subsection shall not apply to the purchase of unique supplies and materials or supplies and materials which cannot be obtained in the open market.

(e) Convention center facilities.--The board, upon the approval of six members, may negotiate contracts for management, operation, concession services, licensing or leasing of convention center facilities, or any part. The authority shall not award a contract to a manager, operator, concessionaire, licensee, lessee or lessor that exceeds three years in duration unless six members of the board approve the awarding of a

contract for a greater period of time. The authority and the authority's contractors, subcontractors, assignees, lessees, agents, vendors and suppliers shall not be subject to county or county seat laws, ordinances, rules or regulations relating to limits or preferences with regard to employment, contracting or procurement in the construction and operation of convention center facilities.

(f) Governing law.--The authority shall be subject to the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, the act of March 3, 1978 (P.L.6, No.3), known as the Steel Products Procurement Act, and 62 Pa.C.S. Ch. 37 Subch. B (relating to motor vehicles).

(g) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Advertisement or public notice." A notice published at least 10 days before the award of a contract in a newspaper of general circulation published in the county. The notice may be waived if the authority determines an emergency exists and supplies and materials must be immediately purchased by the authority. Special Provisions in Appendix. See section 6(3) of Act 14 of 2024 in the appendix to this title for special provisions relating to continuation of prior law.
16 Pa.C.S. § 16507 — PA Code / Title 16 / Chapter 165 / Section 16507
Payment of expenses, taxation, annual fairs and State contributions.
Status: in_force

(a) General rule.--Expenses incurred in the operation of recreation places established under this chapter shall be payable from the treasury of the county. The county commissioners may annually appropriate and impose a tax to raise money for any of the purposes authorized in this chapter, including debt service upon bond issues authorized under section 16506 (relating to indebtedness). 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) Annual fair or agricultural exhibition.--The county commissioners or the fair board may provide for and hold an annual fair or agricultural exhibition on county fairgrounds, and may accept aid or contributions from the Commonwealth under any act for the payment of premiums at any fair or exhibition. Cross References. Section 16507 is referred to in section 14970 of this title.
16 Pa.C.S. § 15522 — PA Code / Title 16 / Chapter 155 / Section 15522
Flags to decorate graves.
Status: in_force

(a) Memorial Day flags.--The board of county commissioners shall provide flags on each Memorial Day with which to decorate the graves of all deceased servicepersons and the graves of all other deceased individuals 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 and who are interred within the county. Flags provided under this section 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.--A county 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 a 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 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 flagholders for annual storage upon the authorized removal of flags.

(e) Removal of flags by family members.--A family member of an individual 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, an individual, 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 commits 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, flagholder or other memorial in good faith in the course of maintenance, repair or mitigation of damage may not be subject to subsection (f) or section 15513(f) (relating to memorial benefit).
16 Pa.C.S. § 15762 — PA Code / Title 16 / Chapter 157 / Section 15762
Records.
Status: in_force

The county commissioners of each county of the fourth, fifth, sixth, seventh and eighth class shall keep records of the work necessitated by this subchapter as prescribed by the Department of Human Services and shall make reports to the Department of Human Services as the department requires.
16 Pa.C.S. § 15514 — PA Code / Title 16 / Chapter 155 / Section 15514
Burial plots.
Status: in_force

(a) Authorization.--The county commissioners 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 subchapter.

(b) Costs.--Costs under this section shall be paid by the county commissioners from the county treasury.

(c) Limitation.--The purchase price of plots of ground may 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 subchapter.
16 Pa.C.S. § 16931 — PA Code / Title 16 / Chapter 169 / Section 16931
Contracts or lease for special use of improvements.
Status: in_force

The county commissioners 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 the road, tunnel or subway or underground road, as may not substantially impair or restrict the public use and enjoyment, upon agreed upon terms and conditions. Cross References. Section 16931 is referred to in sections 16907, 16930 of this title.
16 Pa.C.S. § 12307 — PA Code / Title 16 / Chapter 123 / Section 12307
Securing from predecessors.
Status: in_force

(a) Demand and receipt.--An elected or appointed person, duly commissioned to a county office, shall demand and receive each record, book, draft, plan, paper, seal or other official thing, including public money held in the office, and not provided for under Article XIII.1 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, belonging to the office from each person who held the office immediately before the officer's election or appointment or from each other person holding or possessing the items.

(b) Detention.--A person that detains from a county office a record, book, draft, plan, paper, seal or other official thing, including public money, as provided under this section, belonging to an office after reasonable demand has been made, commits a misdemeanor and, upon conviction, shall be sentenced to:

(1) undergo imprisonment until the delivery of each official thing found to be in the person's possession or control to the proper officer or until sooner discharged by order of the court; and

(2) pay a fine of not more than $500 for the use of the county.
16 Pa.C.S. § 15395 — PA Code / Title 16 / Chapter 153 / Section 15395
Acquisition, repair and maintenance of historical property.
Status: in_force

The county commissioners may acquire by purchase or by gift and repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest that is listed or eligible to be listed in the National Register of Historic Places or designated as historic by resolution of the county commissioners.
16 Pa.C.S. § 17306 — PA Code / Title 16 / Chapter 173 / Section 17306
Capital and operating budgets.
Status: in_force

(a) Capital budget.--At least 90 days before the commencing of the ensuing fiscal year of the authority, a recommended capital budget shall be prepared and submitted to the board. The capital budget shall show in detail the capital expenditures to be made or incurred in the next fiscal year and financed from money subject to control or appropriation by the board. For each separate purpose, project, facility or other property, the amount and the source of the money that has been spent, encumbered or is intended to be spent or encumbered during the fiscal year shall be shown. No later than the date of the adoption of the annual operating budget, the board shall by a majority vote of its members adopt a capital budget.

(b) Operating budget.--At least 90 days before the commencing of the ensuing fiscal year of the authority, a

recommended operating budget shall be prepared and submitted to the board. The operating budget shall be prepared with the aid of the governing bodies of the county and county seat. In the event that the operating budget is not in a form and detail satisfactory to a governing body, the governing body may require that the operating budget be redrafted and resubmitted, and the governing body shall not be considered to be in receipt of the operating budget or any amendments unless the form and detail is to the governing body's satisfaction. The operating budget shall set forth the estimated receipts and revenues of the authority during the next fiscal year. The board shall, at least 30 days before the end of the fiscal year, adopt by a majority vote of its members an operating budget for the next fiscal year.
16 Pa.C.S. § 14982.3 — PA Code / Title 16 / Chapter 149 / Section 14982.3
Amending budget, levy and tax rate, revising tax duplicates and filing.
Status: in_force

At any time prior to the time tax duplicates are sent by the county in any year, the county commissioners may amend the budget and the levy and tax rate and revise the tax duplicate to conform with its amended budget if the county receives unanticipated revenues that may be expended during the county's fiscal year that may enable the county commissioners to reduce the levy and tax rate to conform with its amended budget.
16 Pa.C.S. § 17349 — PA Code / Title 16 / Chapter 173 / Section 17349
Exemption from taxation.
Status: in_force

(a) Purpose of exemption.--The authorized purposes of authorities created under this subchapter shall in all respects be for the benefit of the residents of this Commonwealth, for the increase of commerce and prosperity and for the improvement of health and living conditions.

(b) Authority exempt.--An authority, as public instrumentality of the Commonwealth and performing essential governmental functions in effectuating these purposes, is exempt from the payment of any taxes or assessments upon a convention center or a part of a convention center, or property acquired or used or permitted to be used by a convention center for these purposes.

(c) Bonds exempt.--Bonds issued by an authority, transfer of the bonds and the income from the bonds, including any profits made on the sale of the bonds, shall be exempt from State and local taxation within this Commonwealth.

(d) Limitation.--The exemptions under subsections (b) and

(c) shall not extend to gift, estate, succession or inheritance taxes or any other taxes not levied directly on the bonds, the transfer or the income of bonds from or the realization of profits on the sale of the bonds.
16 Pa.C.S. § 17333 — PA Code / Title 16 / Chapter 173 / Section 17333
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authority." An agency and public instrumentality of the Commonwealth and a body politic and corporate created under this subchapter.

"Board." The governing body of an authority.

"Bonds." Notes, bonds, refunding notes and bonds, interim certificates, debentures and other evidence of indebtedness or obligations which the authority may issue.

"Construct." The acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center or part of a convention center and activities substantially related to the acquisition, design, erection, extension, renovation, rehabilitation, conversion, furnishing, fixturing, equipping, enlargement or substantial repair of a convention center or part of a convention center.

"Convention center." The following:

(1) Any land, improvement, structure or building or property interest, whether owned or acquired by or leased by or to an authority, appropriate for any of the following:

(i) Large public assemblies.

(ii) Holding of conventions, conferences, trade exhibitions and other business.

(iii) Social, cultural, scientific, sports, recreational, artistic and public interest events.

(iv) Performances and exhibitions.

(2) Facilities, furniture, fixtures and equipment necessary or incident to an item listed under paragraph (1), including, but not limited to:

(i) hotels, including meeting rooms, dining rooms, kitchens, ballrooms, reception areas, registration and prefunction areas, locker rooms, practice areas and equipment, training areas and equipment and truck loading areas, including access to the truck loading areas;

(ii) accessways, including tunnels, overhead walkways, escalators, elevators and other connections to nearby or adjoining buildings or facilities, regardless of whether the buildings or facilities constitute convention center facilities or are owned or controlled by the authority;

(iii) common areas, lobbies, offices and areas appurtenant to any of the items listed under this paragraph; and

(iv) other land, buildings, structures or facilities for use or planned for use in conjunction with the items listed under this paragraph, including, but not limited to, landscaping, buffer areas, off-street parking, retail areas and other improvements related to a convention center facility owned by or leased by or to an authority, regardless of whether the improvements are for the purpose of producing revenues to assist in defraying the costs or expenses of the convention center facility.

"Cost of a project." The following:

(1) All or any part of the cost of construction, acquisition, alteration, enlargement, furnishing, fixturing and equipping, reconstruction and rehabilitation of a convention center project.

(2) An item listed under paragraph (1) shall include the cost of:

(i) all lands, structures, real or personal property, rights, rights-of-way, roads, franchises, easements and interests acquired or used for or in connection with a project;

(ii) demolishing or removing buildings or structures on land acquired, including the cost of acquiring lands to which the buildings or structures may be moved or located;

(iii) all utility lines;

(iv) structures or equipment;

(v) charges and interest prior to, during and after completion of construction and acquisition;

(vi) provisions for reserves for principal and interest and for extensions, enlargements, additions and improvements;

(vii) architectural, engineering, financial and legal services;

(viii) plans, specifications, studies, surveys, estimates of cost and revenues;

(ix) expenses necessary or incident to determining the feasibility or practicability of constructing the project;

(x) other capital cost or expense as may be necessary or incident to the construction, development and acquisition of the project; and

(xi) the financing of construction, development and acquisition and the placing of the project in operation, including, without limitation, a proper allowance for contingencies and the provision of reasonable initial working capital for operating the project.

"County." 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 subchapter.

"Obligee." A bondholder or a trustee for a bondholder party to a contract with the authority.

"Political subdivision." A governmental body other than a State public body or a Federal agency. The term includes a county, city, borough, township, school district, municipal authority, transit authority, parking authority or other authority of any type.

"Project." A site, building, structure, equipment, furnishing and other facilities or undertaking in respect of a convention center facility which the authority may acquire, construct, improve, install, maintain or operate under the provisions of this subchapter.

"State public body." The Commonwealth and its executive, administrative and independent agencies, departments, officers, boards, authorities, commissions and instrumentalities.

"Substantial completion." Construction that is sufficiently completed in accordance with contract documents and certified by the convention center authority's architect or engineer, as modified by change orders so that any project being constructed by the convention center authority can be used, occupied or operated for its intended use. In no event shall a project be certified as substantially complete until at least 90% of the work on the project area is completed.
16 Pa.C.S. § 12313 — PA Code / Title 16 / Chapter 123 / Section 12313
Qualifications.
Status: in_force

(a) General rule.--An individual may not be elected to a county office, except the office of district attorney, as provided for under this part, unless the person is:

(1) at least 18 years of age;

(2) a citizen of the United States;

(3) a resident of the county; and

(4) has resided within the county for at least the directly preceding year prior to the election.

(b) Sheriff.--In addition to the qualifications under subsection (a), an individual may not be eligible for the office of sheriff except in accordance with 44 Pa.C.S. Ch. 74 Subch. C (relating to sheriff and deputy sheriff education and training).
16 Pa.C.S. § 16907 — PA Code / Title 16 / Chapter 169 / Section 16907
Annual tax.
Status: in_force

The county commissioners may levy, assess and collect annual taxes upon all real and personal property within the county taxable for county purposes to acquire and secure 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 of the road, and to take and use land as may be necessary in constructing and maintaining proper slopes, embankments, fills, culverts, embankment approaches and termini for roads, tunnels, subways and underground roads. The money raised may not be expended for any purpose 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. The taxes shall be at the following rates and retained, respectively, for the following purposes:

(1) Not more than two mills on the dollar in the aggregate for any of the following sections:

(i) 16902 (relating to establishing county roads).

(ii) 16903 (relating to acquisition of rights-of-way of abandoned railroads).

(iii) 16904 (relating to joint action by counties).

(iv) 16906 (relating to maintenance and repair of county roads).

(v) 16908 (relating to borrowing money, bond issue and tax levy).

(vi) 16909 (relating to changing part of road upon agreement).

(vii) 16910 (relating to assessment of benefits).

(viii) 16911 (relating to interest on benefits assessed).

(ix) 16912 (relating to liens for benefits assessed).

(x) 16913 (relating to sidewalks along county roads).

(xi) 16914 (relating to lights along county roads).

(2) Not more than two mills on the dollar in the aggregate for any of the following sections:

(i) 16920 (relating to adoption of system of main thoroughfares).

(ii) 16921 (relating to improvement of municipal roads).

(iii) 16922 (relating to plan of system to be followed and variations).

(iv) 16923 (relating to improvement of roads not part of system on contribution from parties interested).

(3) Not more than two mills on the dollar in the aggregate for any of the following sections:

(i) 16930 (relating to purchase, location, construction, operation and maintenance authorized).

(ii) 16931 (relating to contracts or lease for special use of improvements).

(iii) 16932 (relating to taking street or other property of municipal corporation). Cross References. Section 16907 is referred to in section 14970 of this title.
16 Pa.C.S. § 14970 — PA Code / Title 16 / Chapter 149 / Section 14970
Tax levies.
Status: in_force

(a) Rate.--The county commissioners shall fix, by resolution, the rate of taxation for each year. A tax may not be levied under this subsection on personal property taxable for county purposes if the rate of taxation is fixed by law other than at the rate fixed under this subsection. The following shall apply:

(1) A tax for general county purposes in any county of the second class A may not, in any one year, exceed the rate of 40 mills on every dollar of the adjusted valuation.

(2) The rate of taxation for payment of interest and principal on any indebtedness incurred under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), or any prior or subsequent act governing the incurrence of indebtedness of the county shall be unlimited.

(3) If the rate is fixed in mills, in fixing the rate of taxation, the county commissioners shall include in the resolution a statement expressing the rate of taxation in dollars and cents on each $100 of assessed valuation of taxable property.

(b) Payments.--The tax levied in counties of the second class A shall be for the purpose of creating a general fund to pay expenses incurred for general county purposes, for the payment of the matters connected with roads under section 16907 (relating to annual tax), for the payment of the matters connected with parks and related matters under section 16507 (relating to payment of expenses, taxation, annual fairs and State contributions).

(c) Other taxes.--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 and annual taxes to pay the current expense of the institution district, none of which may exceed 15 mills on the dollar of the last adjusted assessed valuation for county purposes.

(d) Prohibition.--A tax may not be levied and collected on trades, occupations and professions at the same time a per capita tax on individuals is levied and collected.

(e) Limitations.--A tax for general county purposes in a county of the third, fourth, fifth, sixth, seventh or eighth class, exclusive of the requirements for the payment of rentals to any municipal authority, may not in any one year exceed the rate of 25 mills on every dollar of the adjusted valuation, unless the county commissioners by majority action shall, upon due cause shown by resolution, petition the court of common pleas, in which case the court may order a rate of not more than an additional five mills to be levied. The following shall apply:

(1) The rate of taxation for payment of interest and principal on any indebtedness incurred under 53 Pa.C.S. Pt. VII Subpt. B or any prior or subsequent act governing the incurrence of indebtedness of the county shall be unlimited.

(2) Tax for payment of rentals to any municipal authority shall not exceed the rate of 10 mills on every dollar of the adjusted valuation and shall be in addition to the 25 mill limitation for general county purposes.

(f) Statement required.--In fixing the rate of taxation, the county commissioners, if the rate is fixed in mills, shall also include in the resolution a statement expressing the rate of taxation in dollars and cents on each $100 of assessed valuation of taxable property.

(g) Fourth, fifth, sixth, seventh or eighth class counties.--The rate of taxation fixed for any occupation tax levied by a county shall not in any one year exceed 20 mills. The county commissioners may, by resolution, abolish the levy and collection of occupation taxes for county purposes and the following shall apply:

(1) The county commissioners may levy and collect an annual per capita tax on individuals for county purposes.

(2) A county which becomes a county of the third class may collect for a period of four years after the status has been certified a per capita tax from any individual not to exceed a total of $5 for county purposes in any one year.

(h) Third, fourth, fifth, sixth, seventh or eighth class counties.--A tax may not be levied and collected for county purposes on offices and posts of profits or on professions, trades and occupations at the same time during which a per capita tax on persons is levied and collected for county purposes. The following shall apply:

(1) Per capita taxes levied upon and collected from an individual may not exceed a total of $5 for county and institution district purposes in any one year.

(2) A county may, by ordinance or resolution, exempt an individual whose total income from all sources is less than the dollar amount per annum as provided in section 301.1(b) of the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, from any per capita tax levied under this part.
16 Pa.C.S. § 16166 — PA Code / Title 16 / Chapter 161 / Section 16166
Tax levy and increase or indebtedness.
Status: in_force

The county commissioners may levy and collect a tax upon the taxable persons and property within the county or increase the indebtedness of the county according to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) to pay for the following:

(1) Erecting a memorial hall, including the purchased or condemned ground upon which the memorial hall is erected.

(2) Acquiring additional land or enlarging, equipping, furnishing or decorating a memorial hall.
16 Pa.C.S. § 12308 — PA Code / Title 16 / Chapter 123 / Section 12308
Action by deputies.
Status: in_force

(a) Appointment.--

(1) If a county officer is authorized or required to appoint a deputy, the deputy or principal deputy, if there is more than one, shall, during the necessary or temporary absence of the deputy's principal, perform each duty of the principal and, in case of a vacancy or under section 12301(b) (relating to elected officers), until a successor is qualified.

(2) If fulfilling the duties under paragraph (1) for a vacancy in a county of the third, fourth, fifth, sixth, seventh or eighth class, a deputy shall receive the salary provided under law for the principal or the salary provided for the deputy, whichever is greater.

(b) Oath.--A person temporarily succeeding to a county office by reason of the death, resignation or removal of the duly elected or appointed officer, may not execute any of the duties of the office until the person has taken the oath and filed the bond required of the principal officer.
16 Pa.C.S. § 16754 — PA Code / Title 16 / Chapter 167 / Section 16754
Municipal cooperation.
Status: in_force

If a bridge or proposed bridge is on the dividing line between two counties which is also the dividing line between one county and a municipality in the other county and the municipality has authority to build or rebuild the bridge or to join with any county therein, the county may join with said municipality in the other county in building or rebuilding the bridge. The cost of the bridge shall be paid in the relevant proportions as shall be agreed upon by the county and municipality that joined.
16 Pa.C.S. § 14703 — PA Code / Title 16 / Chapter 147 / Section 14703
Penalty for receiving gratuities or percentages.
Status: in_force

(a) Prohibited conduct.--An officer under this subchapter may not:

(1) Receive or stipulate to receive, from a deputy, clerk or any person awarded a contract, money as percentage on the salaries of the deputy or clerk or on the amounts or profits of the contract or money as compensation for making the appointment or contract.

(2) Neglect to render the accounts or to pay over the money received for fees as required by this subchapter.

(3) Willfully neglect to make proper entry in the book required to be kept.

(4) Willfully neglect to charge the fees allowed by law for any official services.

(5) Take any fees for the officer's own use.

(6) Fail to comply with any of the provisions of this subchapter.

(7) Neglect to discharge any of the duties imposed on the office.

(b) Penalty.--A violation of subsection (a) shall be deemed a misdemeanor in office, and, in addition to other applicable penalties, the officer shall, upon conviction, refund the money unlawfully received and shall be deemed incapable of holding the office.
16 Pa.C.S. § 12315 — PA Code / Title 16 / Chapter 123 / Section 12315
Security.
Status: in_force

The county shall obtain required security for county officers and employees in accordance with Subchapter B of Chapter 11 (relating to required fiscal security for officers and employees).
16 Pa.C.S. § 16506 — PA Code / Title 16 / Chapter 165 / Section 16506
Indebtedness.
Status: in_force

The county commissioners may issue bonds, in accordance with 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. Cross References. Section 16506 is referred to in section 16507 of this title.
16 Pa.C.S. § 108 — PA Code / Title 16 / Chapter 1 / Section 108
Legislation according to class.
Status: in_force

The affairs of counties shall be legislated for and regulated by general laws, applicable to each county, or to particular classes, as fixed and appointed by this title. Each law adopted by the General Assembly for one or more of the classes fixed and appointed by this title shall be deemed to be general laws. Cross References. Section 108 is referred to in section 102 of this title.
16 Pa.C.S. § 16169 — PA Code / Title 16 / Chapter 161 / Section 16169
Rental of auditoriums.
Status: in_force

Revenue derived from rental of a public auditorium shall first be devoted to the maintenance of the auditorium and any remaining annual balance accruing from rent shall be deposited in the general fund of the county.
16 Pa.C.S. § 16105 — PA Code / Title 16 / Chapter 161 / Section 16105
Acquiring and using real property and exceptions.
Status: in_force

(a) General rule.--The county commissioners may acquire real property by purchase for not more than the fair market value, gift, devise or eminent domain. The county commissioners may acquire, improve and maintain real property at the county seat or in other places as the county commissioners deem necessary for the purposes of a county courthouse, prison and other facilities necessary for county purposes. The fair market value of real property for a purchase valued in excess of $10,000 shall be determined by the county commissioners in consultation with two of the following:

(1) The county assessor.

(2) Licensed real estate brokers.

(3) Licensed real estate appraisers doing business within the county.

(b) Other uses of property.--The county commissioners may also use real property, as authorized by law, owned by the county and deemed suitable by the county commissioners for the purposes under subsection (a), except property that is bound by contract to another public use.

(c) Land for county buildings.--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 employees, as the county commissioners deem proper.

(d) Application.--This section shall not apply to an acquisition of real property by a county, either by tax sales or by other purchases, that is specifically provided for under another provision of law.
16 Pa.C.S. § 17171 — PA Code / Title 16 / Chapter 171 / Section 17171
Establishment of Regional Destination Facilities Fund.
Status: in_force

(a) Fund established.--Subject to section 17154(f)(1) (relating to referenda levying additional taxes), the Regional Destination Facilities Fund is established. The treasurer of the authority shall be custodian of the Regional Destination Facilities Fund, which shall be subject to the provisions of law applicable to funds listed in section 302 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.

(b) Source of fund money.--Taxes imposed under Subchapter E (relating to additional sales and use taxes) shall be received by the department and paid to the treasurer of the authority and, along with interest and penalties less any collection costs allowed under Subchapter E and any refunds and credits paid, shall be credited in the manner provided in section 17152(f) (relating to imposition of additional sales and use taxes) to the Regional Destination Facilities Fund not less frequently than every two weeks. Amounts appropriated to the fund by the General Assembly and any contributions received from any other source shall be credited to the Regional Destination Facilities Fund.

(c) Limitation on use of fund money.--All money in the Regional Destination Facilities Fund, including money credited under this section, prior year encumbrances and interest earned on money in the fund, shall not lapse or be transferred to any other fund, except as provided in section 17172(c) (relating to use of Regional Destination Facilities Fund), but shall remain in the Regional Destination Facilities Fund and must be used exclusively as provided in this chapter.

(d) Interest earnings.--Pending disbursement, money received on behalf of or deposited into the Regional Destination Facilities Fund shall be invested or reinvested in the same manner as is money in the custody of the State Treasurer. All earnings received from the investment or reinvestment of the money shall be credited to the Regional Destination Facilities Fund. Cross References. Section 17171 is referred to in section 17113 of this title.
16 Pa.C.S. § 17162 — PA Code / Title 16 / Chapter 171 / Section 17162
Southwestern Pennsylvania Convention Center Design Commission.
Status: in_force

(a) General rule.--A body corporate and politic to be known as the Southwestern Pennsylvania Convention Center Design Commission is established as a special-purpose government instrumentality exercising the powers conferred by this chapter. The exercise by the design commission of the powers conferred by this chapter is declared to be the performance of an essential public function.

(b) Establishment.--The design commission shall be established on June 18, 1997. Once established, the design commission shall continue in existence until the renovations, improvements and expansion of a convention center have been completed.

(c) Sovereign immunity.--The following apply:

(1) The members, employees and staff of the design commission shall have sovereign immunity as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver).

(2) The members, employees and staff of the design commission shall remain immune from suit except as provided by and subject to the provisions of 42 Pa.C.S. Ch. 85 Subchs.

A (relating to general provisions) and B (relating to actions against Commonwealth parties).

(3) Notwithstanding the provisions of 42 Pa.C.S. § 8525 (relating to legal assistance), the design commission through its legal counsel shall defend actions brought against the design commission or its members, officers and employees if acting within the scope of their official duties.

(d) Membership.--The design commission shall be composed of the following 15 members:

(1) One member appointed by the mayor of the central city.

(2) One member appointed by the city council of the central city.

(3) Two members appointed by the governing body of the central county.

(4) One member appointed by the Governor.

(5) One member appointed by the regional planning commission established under 53 Pa.C.S. § 2344 (relating to establishment and organization of regional planning commission) of which the central county is a member.

(6) Two members appointed by the Governor who have been nominated by the governing board of the largest private trade or industry association formed to represent the owners of hotels located in the central county only.

(7) Two members appointed by the Governor who have been nominated by the governing board of the largest private trade or industry association formed to represent the owners of restaurants located in the central county only.

(8) Four members appointed by the governing board of the convention and visitors bureau.

(9) The chair of the auditorium authority.

(e) Term.--The term of office of the members of the design commission shall be coincident with the term of existence of the design commission.

(f) Qualifications.--The members appointed under subsection

(d)(8) shall have the following qualifications:

(1) One member shall have experience and expertise in planning and marketing national meetings and conventions.

(2) One member shall have experience and expertise in planning and marketing consumer shows.

(3) One member shall have experience and expertise in marketing convention centers.

(4) One member shall have experience and expertise in providing support services for conventions and shows.

(g) Election of officers.--The members of the design commission shall elect from members of the commission a chair, secretary and other officers as the commission determines. Each officer shall serve for a term of two years and until a successor is elected and qualified or until death or resignation. A member may not hold more than one office of the design commission at any time. Members may serve successive terms as officers of the design commission.

(h) Meetings.--The design commission shall meet as frequently as it deems appropriate, but at least once a month during the first year that it is in existence and thereafter at least once during each calendar quarter. In addition, a meeting of the design commission shall be called by the chair if a request for a meeting is submitted to the chair by at least two members of the design commission. A majority of the members of the design commission in office shall constitute a quorum for the purpose of conducting the business of the design commission and for all other purposes. The acts of a majority

of the members of the design commission taken at a meeting at which a quorum is present shall be the acts of the design commission.

(i) Powers.--The design commission is granted all powers necessary or convenient to carry out the commission's purpose under this chapter.

(j) Reimbursement of expenses.--The members of the design commission shall serve without compensation but shall be entitled to reimbursement of reasonable expenses incurred while participating in the business of the design commission. Expense reimbursements, as well as all costs associated with conducting the business of the design commission, shall be paid by the auditorium authority out of the special fund established under section 17161(d) (relating to increase in rate of hotel tax in central county). Cross References. Section 17162 is referred to in sections 17113, 17161 of this title.
16 Pa.C.S. § 16712 — PA Code / Title 16 / Chapter 167 / Section 16712
Boundary line bridges.
Status: in_force

(a) Boundary line bridge.--If a bridge under this chapter is on the boundary line between two counties or within one-fourth of a mile from a boundary line and necessary for the accommodation of the inhabitants of both counties, the county commissioners of the counties shall act jointly in the exercise of all powers conferred upon the county commissioners and in the performance of all duties imposed upon the county commissioners. Except in a county of the second class A, if a petition of residents or taxpayers is required, the 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. If any other petitions are required, the petitions shall be made to the county commissioners in each of the counties. Each of the county commissioners shall act on petitions and shall communicate approval or disapproval to the other board.

(b) Court-appointed viewers or inspectors.--For a county of the second class A that is required to appoint viewers or inspectors, the court of the 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 public roads. The total number of viewers or inspectors shall act together in the view or inspection and shall make a joint report and recommendations to each court. Exceptions and appeals to the report of viewers may be filed in the courts of either county, in which case the courts of the two counties sitting together shall hear and determine the matter.

(c) Publication of notice.--If publication of notice is required, the publication shall be made in each county. The approval of both boards of commissioners shall be necessary in order to authorize any action requiring approval.

(d) Commencement of eminent domain.--If the procedure under
16 Pa.C.S. § 17501 — PA Code / Title 16 / Chapter 175 / Section 17501
Authorization of hotel tax.
Status: in_force

(a) Imposition.--The county commissioners of any county of the third class having a second class A city located therein may impose a hotel tax not to exceed 7% of the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to transients. The tax shall be collected by the operator from the patron of the room or rooms and paid over to the county as herein provided.

(b) Records.--The county commissioners may by ordinance impose requirements for the keeping of records, the filing of tax returns and the time and manner of collection and payment of tax. The county commissioners may also impose by ordinance penalties and interest for failure to comply with recordkeeping, filing, collection and payment requirements.

(c) Collection.--The treasurer of each county that imposes the tax authorized under this section shall collect the tax and deposit the revenues received from the tax in a special fund established for that purpose. The disposition of the revenues from the special fund shall be as follows: a minimum of 40% of all revenues received per annum shall be distributed to the TPA, which shall use them for the appropriate and reasonable operational, marketing and promotional expenses of the TPA. Other tax revenues received and amounting to not more than 60% of total annual revenues shall be distributed to the county, which shall use them for reasonable expenses associated with collection and enforcement of the tax; for county-owned tourist and recreational facilities, sports facilities or visitor centers; for other tourism-related activities as determined by the county commissioners; or for other expenditures, debts or liabilities related to tourism or recreational facilities incurred by municipal authorities as determined by the county commissioners.

(d) Concurrent tax years.--The tax year for a tax imposed under this section shall run concurrently with the calendar year.

(e) Audit.--An audited report on the income and expenditures incurred by a tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the tourist promotion agency to the county commissioners.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Consideration." Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature or other payment received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for any temporary period.

"Hotel." A hotel, motel, inn, guest house or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have an established permanent residence or a college or university student residence hall.

"Occupancy." The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator." An individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a hotel to the public for consideration.

"Patron." A person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)." An organization, agency or corporation designated to be such by the board of commissioners of the county in which the tax is imposed. The TPA shall be duly established, designated and recognized as the county's TPA in accordance with and pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

"Transaction." The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration is payable to the operator under an express or an implied contract.

"Transient." An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.
16 Pa.C.S. § 13713 — PA Code / Title 16 / Chapter 137 / Section 13713
Chief deputy sheriff to act as sheriff in case of vacancy.
Status: in_force

If a sheriff is legally removed from office or dies or resigns before the expiration of the term for which the sheriff was commissioned, the chief deputy sheriff shall:

(1) execute the office of sheriff and perform all duties required by the office of sheriff; and

(2) receive and retain the compensation provided by law for sheriffs until another sheriff is commissioned and notice is given to the chief deputy sheriff. Cross References. Section 13713 is referred to in section 13703 of this title.
16 Pa.C.S. § 15909.1 — PA Code / Title 16 / Chapter 159 / Section 15909.1
Issuance of revenue bonds for airport facilities in counties.
Status: in_force

(a) General rule.--In addition to present methods of financing, the county commissioners of counties of the second class A may issue revenue bonds, under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing), for sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of airport facilities, including airports, terminals, hangars, parking areas and all other facilities, with bonds 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) Lease of airport facilities.--Airport facilities financed by the issuance of revenue bonds 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 issued bonds.

(c) Costs.--Included in the cost of the issue may be costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.

(d) Construction.--Nothing in this section shall be construed as modifying or restricting the power of any county of the third, fourth, fifth, sixth, seventh and eighth class to incur debt for the acquisition, construction, reconstruction, extension or improvement of airport facilities, including airports, terminals, hangers, parking areas and all other facilities necessary or appropriate, to the extent the power exists on December 23, 2018.
16 Pa.C.S. § 13106 — PA Code / Title 16 / Chapter 131 / Section 13106
Deputy treasurer.
Status: in_force

The county treasurer may appoint a deputy county treasurer who shall perform duties as prescribed by the county treasurer.
16 Pa.C.S. § 14113 — PA Code / Title 16 / Chapter 141 / Section 14113
Clerks of recorder to administer oaths.
Status: in_force

The recorder of deeds may appoint one or more clerks employed in the recorder's office to administer oaths and affirmations to all individuals pertaining to the business of the recorder's office. Oaths and affirmations under this section shall have the same force and effect as if administered by the recorder or deputy recorder.
16 Pa.C.S. § 13931 — PA Code / Title 16 / Chapter 139 / Section 13931
Excluded individuals.
Status: in_force

The following apply:

(1) In counties of the second, second A, third, fourth, fifth, sixth, seventh and eighth class, the coroner may admit or exclude any of the following:

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

(ii) An individual interested or suspected from the inquest or a part of an inquest.

(2) An excluded individual may not appear by attorney.

(3) An individual required to attend may have counsel at the attendance.

(4) In counties of the third, fourth, fifth, sixth, seventh and eighth class, representatives of the media may not be excluded from an inquest or part of an inquest unless the representatives are personally interested or suspected from the inquest or part of the inquest.
16 Pa.C.S. § 105 — PA Code / Title 16 / Chapter 1 / Section 105
Holding of office.
Status: in_force

An individual holding an elective office under the County Code shall continue to hold the office until the expiration of the individual's term, subject to the conditions and salary attached to the office prior to October 24, 2018.
16 Pa.C.S. § 15100 — PA Code / Title 16 / Chapter 151 / Section 15100
Contracting.
Status: in_force

The county commissioners may make contracts for lawful purposes and for executing the provisions of this chapter and the laws of this Commonwealth.
16 Pa.C.S. § 16117 — PA Code / Title 16 / Chapter 161 / Section 16117
Separate bids for plumbing, heating, ventilating, air conditioning, electrical work, elevators and escalators.
Status: in_force

(a) General rule.--In the preparation of specifications for the erection, construction and alteration of a public building, if the entire cost of the work shall exceed the base amount established under section 15101 (relating to commissioners sole contractors for county generally), the architect, engineer or other person preparing specifications shall prepare the following separate specifications:

(1) Plumbing.

(2) Heating, ventilating and air conditioning.

(3) Electrical work.

(4) Elevators and escalators.

(5) One complete set of specifications for all work not otherwise specified.

(b) Separate bids.--The county commissioners shall receive separate bids upon each of the branches of work under subsection

(a) and award the contract to the lowest responsible bidder for each of the branches, including the balance of the work not otherwise specified.

(c) Alternative contracting procedure.--Notwithstanding the separate specifications 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 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, the county commissioners 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 a request for proposals, the authority shall include terms, conditions and requirements which the authority 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, upon recommendation of a 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) A 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.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Alternative contracting procedure." A procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. The aspects or phases of development may include the planning, design, finance, construction and management of property.

"Design/build contract." A construction contract in which the contractor is responsible for both the design and construction of a public structure, building or other public improvement of any kind to any public real property.

"Project." 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." The governmental body or entity to use the selected public purpose facility under a contract or lease with the authority.

"Proposer." 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.
16 Pa.C.S. § 1129 — PA Code / Title 16 / Chapter 11 / Section 1129
Form of required security.
Status: in_force

The form and contents of a bond, a blanket bond or insurance obtained in compliance with this subchapter shall be approved by the governing body of the county, after review by the county solicitor and consultation with the county risk manager, if any. In cases in which required security is being provided for a county officer or employee who is acting as an agent for a Commonwealth agency or the governing authority, the Commonwealth agency or the governing authority may review and comment on the form of the required security. The governing body may refer to sample forms that may be made available by the Department of State in the approval process.
16 Pa.C.S. § 14976 — PA Code / Title 16 / Chapter 149 / Section 14976
Supplemental appropriations, transfers of money and appropriation limits.
Status: in_force

(a) Authority.--The county commissioners have the power to:

(1) By resolution, make supplemental appropriations for a lawful purpose from money on hand or estimated to be received within the fiscal year and not otherwise appropriated. This paragraph includes proceeds of borrowing authorized by law.

(2) Authorize the transfer of:

(i) The unencumbered balance of an appropriation item or any portion of the balance.

(ii) The unencumbered balance or any portion of the balance within a fund from one spending agency to another.

(3) During the last 15 days of a fiscal year:

(i) authorize the transfer of the unencumbered balance or any portion of the balance in a county fund to a fund of the institution district; and

(ii) reappropriate the transferred money to the institution district.

(b) No expenditures.--The county commissioners may not do any of the following which would cause the sums appropriated to be exceeded:

(1) Hiring work to be done.

(2) Purchasing materials.

(3) Making a contract.

(4) Issuing a payment order.
16 Pa.C.S. § 16163 — PA Code / Title 16 / Chapter 161 / Section 16163
Board of control.
Status: in_force

(a) Establishment.--In a county in which the county commissioners have established a memorial hall, the county commissioners shall establish a board of control of the memorial hall and shall establish the powers and duties of the board of control to provide for the operation and maintenance of the memorial hall. The county 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) Existing boards of control.--A board of control established prior to December 24, 2018, shall continue according to the provisions of law that applied at the time that the board was established until the county commissioners take an action under subsection (a).
16 Pa.C.S. § 17142 — PA Code / Title 16 / Chapter 171 / Section 17142
Governmental immunity.
Status: in_force

Except as provided by and subject to 42 Pa.C.S. Ch. 85 Subchs. A (relating to general provisions) and C (relating to actions against local parties), the authority and its officers, officials and employees shall have governmental immunity.
16 Pa.C.S. § 14308 — PA Code / Title 16 / Chapter 143 / Section 14308
Police radio in counties of the third class.
Status: in_force

The district attorney of a county of the third class may, with the consent and approval of the county commissioners and

at the expense of the county, purchase and maintain a short wave police radio receiving and transmitting set and the necessary accessory equipment, to be installed and used in the office of the district attorney.
16 Pa.C.S. § 12341 — PA Code / Title 16 / Chapter 123 / Section 12341
Purpose and annual meetings.
Status: in_force

(a) Purpose.--The purpose of the respective State associations under section 12340 (relating to State associations) shall be to discuss and resolve the various questions arising in the discharge of the duties and functions of the respective officers and to provide uniform, efficient and economical methods of administering the affairs of the counties pertaining to the officer's offices.

(b) Annual meeting.--Each State association may hold an annual meeting at a time and place within this Commonwealth designated by the association to facilitate cooperation, coordination and full exchange of information provided under subsection (a).

(c) Joint session.--The association of county controllers, county auditors and the association of county treasurers may meet in joint session with the association of county commissioners, solicitors and chief clerks, if the associations mutually agree. Each association shall have a separate session on at least two days during the annual meeting to facilitate cooperation, coordination and full exchange of information provided under subsection (a).
16 Pa.C.S. § 16909 — PA Code / Title 16 / Chapter 169 / Section 16909
Changing part of road upon agreement.
Status: in_force

If the county commissioners deem it advisable to construct or alter any part of any road under the supervision of the county commissioners and agree with the property owners affected by the change as to damages, the county commissioners may, upon payment of the damages agreed upon, construct or alter the part of the public road as contemplated in the agreement without the formality of a view. The old location of the road shall be vacated in accordance with this act. Cross References. Section 16909 is referred to in section 16907 of this title.
16 Pa.C.S. § 17111 — PA Code / Title 16 / Chapter 171 / Section 17111
Scope of chapter.
Status: in_force

This chapter relates to the southwestern Pennsylvania regional renaissance initiative.
16 Pa.C.S. § 16517 — PA Code / Title 16 / Chapter 165 / Section 16517
Appropriations to political subdivisions for recreation places.
Status: in_force

The county commissioners in counties of the third, fourth, fifth, sixth, seventh and eighth class may appropriate money from the county treasury to aid municipal corporations in the purchase, construction, operation and maintenance of recreation places.
16 Pa.C.S. § 17139 — PA Code / Title 16 / Chapter 171 / Section 17139
Exemption from taxation.
Status: in_force

The effectuation of the authorized purpose of the authority shall be exclusively for the benefit of the residents of this Commonwealth, the increase of commerce and prosperity and the improvement of health and living conditions. The authority may not be required to pay taxes or assessments upon any property acquired or used by the authority for the purposes under this section, and the bonds issued by the authority and the interest and income related to the bonds shall be free from State and local taxation.
16 Pa.C.S. § 16513 — PA Code / Title 16 / Chapter 165 / Section 16513
Property held in trust.
Status: in_force

(a) Conveyance to county.--If the owner of any real property adapted to the use or purpose of public agriculture fairs or exhibits is willing to convey or devise the 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 of the real property and hold the real property in trust for the benefit of the residents of the county.

(b) Acceptance of contributions.--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) Lease of real property.--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 shall be used annually for agriculture fairs and exhibitions without any liability or expense on the part of the county. Upon failure of a lessee to comply with the terms of any lease, the county shall retake possession of the leased property.

(d) Sale of real property.--If, for a period of five years, public use of the real property as contemplated by the grant or gift to the county is not made, the real property may be sold on petition to the court of common pleas under this part for the sale of county real property.
16 Pa.C.S. § 15901 — PA Code / Title 16 / Chapter 159 / Section 15901
Authority to establish airports.
Status: in_force

Subject to the provisions of 74 Pa.C.S. (relating to transportation), a county may establish, construct and provide for airports in accordance with the provisions of this chapter.
16 Pa.C.S. § 12703 — PA Code / Title 16 / Chapter 127 / Section 12703
Deputy controller and clerks.
Status: in_force

(a) Appointments.--

(1) In counties of the second class A, third, fourth and fifth classes, the controller shall appoint a deputy controller and clerks.

(2) In counties of the sixth, seventh and eighth classes, the controller may appoint a deputy controller and clerks.

(3) A controller may authorize one or more of the clerks employed in the controller's office to administer to all oaths and affirmations pertaining to the business of the office with the same force and effect as if administered by the controller or deputy controller.

(b) Second deputy controller.--A controller may appoint a second deputy controller who shall possess and discharge all the rights, powers and duties of the principal deputy controller during the principal deputy controller's and the controller's temporary absence.
16 Pa.C.S. § 17302 — PA Code / Title 16 / Chapter 173 / Section 17302
Findings, declaration of policy and scope.
Status: in_force

(a) Findings.--The General Assembly finds as follows:

(1) The health, safety and general welfare of the people of this Commonwealth are directly dependent upon the continual encouragement, development, growth and expansion of business, industry, commerce and tourism within this Commonwealth.

(2) Unemployment, the spread of indigency and the heavy burden of public assistance and unemployment compensation can be avoided by the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in this Commonwealth.

(3) Development of convention centers is appropriate within the redevelopment assistance eligible area of a third class county and that the attraction of business to this Commonwealth as a result of the development is an important factor in the continual encouragement, promotion, attraction, stimulation, development, growth and expansion of business, industry, commerce and tourism within the county seat, the surrounding counties and this Commonwealth as a whole.

(4) The purpose of a convention center should be the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in the county seat, the surrounding counties and this Commonwealth as a whole.

(5) The development of a convention center will provide benefits to the hotel industry throughout the entire area of the county in which the convention center is developed.

(6) The development of a convention center will also provide benefits to the restaurant and entertainment industries throughout the entire county in which the convention center is located, to all other businesses and individuals benefited by the attraction of major conventions and tourists, to other individual businesses whose livelihood is dependent on major conventions and tourists and to the general public.

(7) The need for and promotion of the type of facility which will provide significant benefits to the general public will require the expenditure of public money, and it is appropriate to authorize a county to impose and collect a tax applicable within the entire territorial limits of the county to facilitate the development of a convention facility and the promotion of tourism within the county.

(8) To promote the development of convention centers within this Commonwealth, it is necessary to provide additional and flexible means of developing, constructing, designing, managing, financing and operating convention centers.

(9) An important aspect of the development of convention centers should be the removal and redevelopment of blighted areas.

(b) Declaration.--It is declared to be the policy of the Commonwealth to promote the health, safety, employment, business opportunities and general welfare of the people of this Commonwealth by providing for the creation of third class county convention center authorities, which shall exist and operate as public instrumentalities of the Commonwealth for the public purpose of promoting, attracting, stimulating, developing and expanding business, industry, commerce and tourism in this Commonwealth. This purpose is declared to be a public purpose supporting the enactment of all provisions of this subchapter for which public money may be spent and taxes may be imposed.

(c) Scope of subchapter.--

(1) This subchapter shall not apply to a county which has an existing convention center owned, leased or operated by an existing authority or the Commonwealth, which covers an area of more than 40,000 square feet.

(2) This subchapter shall not apply to a county which is served, together with one or more other counties, by a joint planning commission.

(3) No provision of this subchapter other than section 17323 (relating to hotel room rental tax) shall apply to an existing authority.
16 Pa.C.S. § 14320 — PA Code / Title 16 / Chapter 143 / Section 14320
Assistant district attorneys.
Status: in_force

(a) Appointment of assistants.--The district attorney may appoint assistants who are licensed to practice law in this Commonwealth to assist in the discharge of the district attorney's duties. The number of assistants and salary shall be fixed by the county salary board.

(b) Appointment of temporary assistants in certain counties.--In counties of the third, fourth, fifth, sixth, seventh and eighth class, the district attorney may appoint temporary assistants who are licensed to practice law in this Commonwealth to assist in the discharge of duties, as provided by contract or other personnel agreement with the county or the district attorney. An attorney at law, including a deputy Attorney General or an attorney employed by the Commonwealth, may be appointed under this subsection.

(c) Violation and remedy.--

(1) In counties of the third, fourth, fifth, sixth, seventh and eighth class, an allegation of a violation of this section must be timely raised prior to the participation of the prosecutor accused of the violation.

(2) The exclusive remedy for a violation of this section shall be removal by quo warranto of the prosecutor from the appointment that is in violation of this section.

(d) Applicability.--Subsections (b) and (c) shall apply to all cases pending on June 18, 1998, and each case thereafter, including cases on posttrial or on appeal.
16 Pa.C.S. § 15907 — PA Code / Title 16 / Chapter 159 / Section 15907
Contracts for construction and repairs.
Status: in_force

In establishing, maintaining and operating airport facilities, if construction, repair or purchase of roadways, runways, buildings and facilities is deemed necessary within or for use within the limits of land acquired for the purpose of establishing, maintaining and operating airport facilities, submission to a court or grand jury of any county is not necessary, but a contract under this chapter shall be entered into as provided for in Chapter 151 (relating to contracts), and for joint establishment, operation and maintenance with any other political subdivision, a contract shall be entered into as provided for the general business of the participating political subdivisions.
16 Pa.C.S. § 13934 — PA Code / Title 16 / Chapter 139 / Section 13934
Execution of office.
Status: in_force

An individual elected or appointed to the office of coroner may not execute any of the duties of the office before a commission has been issued to the coroner by the Governor and properly recorded. An individual who violates this section may be sentenced to imprisonment for a term of not more than six months. The individual shall be liable to a person injured by an act done by the individual under authority of the office.
16 Pa.C.S. § 15769 — PA Code / Title 16 / Chapter 157 / Section 15769
Contributions for medical care.
Status: in_force

The county commissioners of each county of the fourth, fifth, sixth, seventh or eighth class may make annual appropriations from the money 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.
16 Pa.C.S. § 12314 — PA Code / Title 16 / Chapter 123 / Section 12314
Mileage.
Status: in_force

Each county official or employee may, if authorized by the county commissioners, be reimbursed in accordance with the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law.
16 Pa.C.S. § 15799.8 — PA Code / Title 16 / Chapter 157 / Section 15799.8
Use of hospital.
Status: in_force

Each hospital owned by or leased to the county shall be used for the benefit of all residents within the county in which the hospital is located, and all residents within the county 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 an individual who willfully violates any rule or regulation adopted for the hospital by the county commissioners. The county commissioners may charge and collect from an individual admitted to the hospital or an individual legally responsible for their maintenance, reasonable compensation for the care, treatment and maintenance of the individual.
16 Pa.C.S. § 17504 — PA Code / Title 16 / Chapter 175 / Section 17504
Authorization of five percent hotel tax for a county of the fifth class.
Status: in_force

(a) Imposition.--The county commissioners of any county of the fifth class having a population under the 2010 Federal Decennial Census in excess of 101,000 residents, but less than 102,000 residents, may impose a hotel tax not to exceed 5% of the consideration received by each operator of a hotel within the county from each transaction of renting a room or rooms to transients. The tax shall be collected by the operator from the patron of the room or rooms and paid over to the county as herein provided.

(b) Records and penalty.--The provisions of subsection (c) notwithstanding, county commissioners may by ordinance impose requirements for keeping of records, the filing of tax returns and the time and manner of collection and payment of tax. The county commissioners may also impose by ordinance penalties and interest for failure to comply with recordkeeping, filing, collection and payment requirements.

(c) Audit.--Each operator of a hotel within a county that imposes the tax authorized under this section shall submit to an audit of hotel tax revenue. The audit shall be conducted by the county commissioners and shall consist, at a minimum, of determining the total amount of consideration received by the operator from transactions of renting a room or rooms to transients during the period being audited and the total amount of hotel tax revenue collected. The county commissioners or their duly authorized agents shall conduct at least one audit annually and shall bear the costs of the audit.

(d) Collection, deposit and disposition of tax revenue.--The treasurer of each county that imposes the tax authorized under this section shall collect the tax and deposit the revenues received from the tax in a special fund established for that purpose. Subject to the deduction of the administrative fee

authorized by subsection (h), the disposition of the revenues from the TPA hotel tax fund shall be as follows:

(1) Seventy-five percent of all revenues received per annum shall be used by the county's recognized TPA for the promotion, advertising and marketing of tourism and special events and for administrative costs.

(2) Twenty-five percent of all revenues received per annum shall be distributed as follows:

(i) Fifty percent shall be used by the county commissioners for the purposes of economic development and historic preservation.

(ii) Fifty percent shall be used by the county commissioners for grants to municipalities that:

(A) have a municipal police department employing at least two full-time police officers assigned to law enforcement duties who work a minimum of 200 days per year; or

(B) are members of a regional police department that provides full-time police services to the municipality pursuant to an agreement or contract.

(iii) Municipalities receiving grants under subparagraph (ii) must meet or have met the eligibility requirements under subparagraph (ii)(A) or (B) for a minimum of two years prior to receiving the grant.

(e) Grants.--Grants under subsection (d)(2)(ii) shall be distributed to municipalities in proportion to the number of hotel rooms within the municipality as a percentage of the total number of hotel rooms in municipalities with police departments under subsection (d)(2)(ii) as compiled by the recognized TPA and certified by the county commissioners. Grants shall be used for police and law enforcement purposes. Any portion of a grant not used for police and law enforcement purposes shall be returned to the county for the purposes of subsection (d)(2)(i).

(f) Concurrent tax years.--The tax year for a tax imposed under this section shall run concurrently with the calendar year.

(g) Audit.--An audited report on the income and expenditures incurred by a tourist promotion agency receiving any revenues from the tax authorized under this section shall be submitted annually by the tourist promotion agency to the county commissioners.

(h) Administrative fee.--The county may deduct and retain an administrative fee from the taxes collected under this section. The administrative fee established by the county may not exceed in any tax year the lesser of:

(1) four and one-half percent of all taxes collected under this section; or

(2) ninety-five thousand dollars, which amount shall be adjusted biannually, beginning two years after July 12, 2012, by the percentage growth in the Consumer Price Index for All Urban Consumers.

(i) Uses of revenue.--Revenue collected from the fee imposed under subsection (h) shall be used for the following purposes:

(1) Defraying the costs associated with the collection and administration of the tax.

(2) Defraying the costs of the review required under subsection (c).

(j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Consideration." Receipts, fees, charges, rentals, leases, cash, credits, property of any kind or nature or other payment

received by operators in exchange for or in consideration of the use or occupancy by a transient of a room or rooms in a hotel for any temporary period.

"Hotel." A hotel, motel, inn, guest house or other structure which holds itself out by any means, including advertising, license, registration with an innkeepers' group, convention listing association, travel publication or similar association or with a government agency, as being available to provide overnight lodging or use of facility space for consideration to persons seeking temporary accommodation; any place which advertises to the public at large or any segment thereof that it will provide beds, sanitary facilities or other space for a temporary period to members of the public at large; or any place recognized as a hostelry. The term does not include any portion of a facility that is devoted to persons who have an established permanent residence or a college or university student residence hall.

"Occupancy." The use or possession or the right to the use or possession by any person other than a permanent resident of any room in a hotel for any purpose or the right to the use or possession of the furnishings or to the services accompanying the use and possession of the room.

"Operator." An individual, partnership, nonprofit or profit-making association or corporation or other person or group of persons who maintain, operate, manage, own, have custody of or otherwise possess the right to rent or lease overnight accommodations in a hotel to the public for consideration.

"Patron." A person who pays the consideration for the occupancy of a room or rooms in a hotel.

"Permanent resident." A person who has occupied or has the right to occupancy of a room or rooms in a hotel as a patron or otherwise for a period exceeding 30 consecutive days.

"Room." A space in a hotel set aside for use and occupancy by patrons, or otherwise, for consideration, having at least one bed or other sleeping accommodation in a room or group of rooms.

"Tourist Promotion Agency (TPA)." An organization, agency or corporation designated to be such by the board of commissioners as of January 1, 2000, of the county in which the tax is imposed. The TPA shall be duly established, designated and recognized as the county's TPA in accordance with and pursuant to the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

"Transaction." The activity involving the obtaining by a transient or patron of the use or occupancy of a hotel room from which consideration is payable to the operator under an express or implied contract.

"Transient." An individual who obtains accommodation in a hotel by means of registering at the facility for the temporary occupancy of a room for the personal use of the individual by paying a fee to the operator.
16 Pa.C.S. § 15107.2 — PA Code / Title 16 / Chapter 151 / Section 15107.2
Prohibited contract provisions.
Status: in_force

A political subdivision or authority in a county of the second class A may not enter into a contract related to a redevelopment capital assistance project 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.
16 Pa.C.S. § 15385 — PA Code / Title 16 / Chapter 153 / Section 15385
Appropriations to industrial development agencies by counties.
Status: in_force

The county commissioners may annually appropriate amounts as deemed necessary to an 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 the agencies in the:

(1) financing of operational costs for the purposes of making studies, surveys and investigations and compiling data and statistics; and

(2) carrying out of planning and promotional programs.
16 Pa.C.S. § 16969 — PA Code / Title 16 / Chapter 169 / Section 16969
Improvements of roads connecting with State highway.
Status: in_force

The county may, singly or jointly with any municipal corporation, appropriate and expend money for the improvement of any road, not more than one mile in length in distance, outside of the limits of a municipal corporation, for the purpose of connecting improved streets in the municipal corporations with a State highway.
16 Pa.C.S. § 14305 — PA Code / Title 16 / Chapter 143 / Section 14305
Misconduct of district attorney.
Status: in_force

(a) Offense defined.--If a district attorney willfully and corruptly demands, takes or receives a fee or reward other than as prescribed by law for official duties executed by the district attorney in a criminal proceeding or if the district attorney commits willful and gross negligence in the execution of the duties of the office, the district attorney commits a misdemeanor in office and, upon conviction, shall be sentenced to pay a fine not exceeding $1,000 and to undergo imprisonment not exceeding one year.

(a.1) Declaration of vacancy.--If a district attorney is found guilty under subsection (a), the office of the district attorney shall be declared vacant.

(b) Notice and probable cause.--

(1) Upon complaint in writing charging a district attorney with willful and gross negligence in the execution of the duties of the office, the court shall provide notice of the complaint to the district attorney and of the time fixed by the court for a hearing.

(2) A complaint under paragraph (1) shall be:

(i) filed in the court of common pleas of the county in which the district attorney prosecutes the pleas of the Commonwealth; and

(ii) verified by oath or affirmation of the person in whose name the complaint has been filed.

(3) If after the hearing the court finds that there is probable cause for the complaint, the court shall hand over or commit the district attorney to answer the complaint in due course of law. If the court finds that there is no probable cause for the complaint, the court shall dismiss the complaint with reasonable costs to be assessed by the court.
16 Pa.C.S. § 17332 — PA Code / Title 16 / Chapter 173 / Section 17332
Findings, declaration of policy and scope.
Status: in_force

(a) Findings.--It is determined and declared that:

(1) The health, safety and general welfare of the people of this Commonwealth are directly dependent upon the continual encouragement, development, growth and expansion of business, industry, commerce and tourism within this Commonwealth.

(2) Unemployment, the spread of indigence and the heavy burden of public assistance and unemployment compensation can be avoided by the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in this Commonwealth.

(3) Development of convention centers is appropriate within a third class county and the attraction of business to this Commonwealth as a result of such development is an important factor in the continual encouragement, promotion, attraction, stimulation, development, growth and expansion of business, industry, commerce and tourism within the county seat, the surrounding municipalities and this Commonwealth as a whole.

(4) The purpose of a convention center should be the promotion, attraction, stimulation, development and expansion of business, industry, commerce and tourism in the county

seat, the surrounding municipalities and this Commonwealth as a whole.

(5) The development of a convention center will provide benefits to the hotel industry throughout the entire area of the county in which the center is developed.

(6) The development of a convention center will also provide benefits to the restaurant and entertainment industries throughout the entire county in which the center is located, to all other businesses and individuals benefited by the attraction of major conventions and tourists, to other individual businesses whose livelihood is dependent on major conventions and tourists and to the general public.

(7) The need for and promotion of the type of facility which will provide significant benefits to the general public will require the expenditure of public money and it is therefore appropriate to authorize a county to impose and collect a tax applicable within the entire territorial limits of the county to facilitate the development of a convention facility and the promotion of tourism within the county.

(8) To promote the development of convention centers within this Commonwealth, it is necessary to provide additional and flexible means of developing, constructing, designing, managing, financing and operating convention centers.

(9) An important aspect of the development of convention centers should be the removal and redevelopment of blighted areas.

(b) Declaration of policy.--It is declared to be the policy of the Commonwealth to promote the health, safety, employment, business opportunities and general welfare of the people of this Commonwealth by providing for the creation of third class county convention center authorities which exist and operate as public instrumentalities of the Commonwealth for the public purpose of promoting, attracting, stimulating, developing and expanding business, industry, commerce and tourism in this Commonwealth. The purpose is declared to be a public purpose supporting the enactment of this subchapter for which public money may be spent and taxes may be imposed.

(c) Scope.--

(1) This subchapter shall apply to counties of the third class.

(2) This subchapter may not apply to:

(i) A county which has created, either individually or jointly with its county seat, a third class county convention center authority under this subchapter or the former act of December 27, 1994 (P.L.1375, No.162), known as the Third Class County Convention Center Authority Act, prior to January 1, 2000.

(ii) A county which is served, together with one or more other counties, by a joint planning commission.

(d) Option.--The following shall apply:

(1) A county which has created, either individually or jointly with its county seat, a third class county convention center authority under Subchapter A (relating to third class county convention center authorities) after January 1, 2000, may opt to have the authority treated as having been organized under the provisions of this subchapter. The option shall be exercised by the adoption of a resolution by the governing body of the county. The exercise of the option under this paragraph may not be revoked.

(2) If an authority is organized under paragraph (1), the following transitional provisions shall apply to the

authority, the county, the county seat, State public bodies and political subdivisions:

(i) all acts of the authority shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000;

(ii) all acts of the county and, if applicable, the county seat in organizing the authority shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000;

(iii) all acts of the county taken or purported to be taken under the authority of Subchapter A, including the enactment of a hotel room rental tax, shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000; and

(iv) all acts with respect to the authority of a State public body or a political subdivision taken or purported to be taken under the authority of Subchapter A, including the transfer of existing convention center facilities to the authority and the funding of a convention center project as a redevelopment assistance project by the Commonwealth, shall be considered granted under the authority of this subchapter, regardless of whether the acts were taken prior to or after December 18, 2000.

(3) If an authority is organized under paragraph (1), all acts taken or purported to be taken by the county, the county seat, the authority and State public body or any political subdivision under the authority of Subchapter A are ratified and affirmed in their entirety, regardless of whether the acts were taken prior to or after December 18, 2000.

(4) If an authority is organized under paragraph (1), the members of the board of the authority shall continue in office and shall be treated as if they had been appointed under this subchapter.
16 Pa.C.S. § 16950 — PA Code / Title 16 / Chapter 169 / Section 16950
Vacation as county roads.
Status: in_force

Upon petition of the county commissioners, the court of common pleas may vacate as a county road any portion of an abandoned or condemned road or a road purchased by the county or the permanent location or improvement of a road which has been ordered or made under this part or former acts relating to county roads. All portions of the vacated roads shall become roads of the municipal corporation through which the roads pass. Written notice of the contents of the petition and the time when the petition will be presented to the court shall be given by the county commissioners to the governing body of the

municipal corporation through which the road passes at least 10 days before the date of presenting the petition. At the time the 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 findings to the court at a time the court directs. At any hearing in open court or before an examiner appointed by the court, all interested parties may appear and be heard. After the hearing, the court may grant the request of the petitioners and make a decree accordingly or make the order in the premises as the court deems right and just if the court finds the conditions of this part have been complied with. Orders of vacation may not be made until the municipal corporation affected has consented by an ordinance or resolution certified to the court.
16 Pa.C.S. § 15751 — PA Code / Title 16 / Chapter 157 / Section 15751
Not to affect public water supply.
Status: in_force

An order of abatement may not authorize and the county commissioners may not employ any method of extermination by a municipality or a water supply company which affects waters used and useful in the supply of water to the public. Manmade pools which allow mosquito propagation are subject to be targeted first, and strategies shall be supported that minimize environmental impact.
16 Pa.C.S. § 15399 — PA Code / Title 16 / Chapter 153 / Section 15399
Appropriations for recreation and historic and museum projects.
Status: in_force

(a) Appropriations.--The county commissioners may appropriate county money for grants to assist municipal corporations and authorities within the county, as well as

nonprofit organizations, in the purchase, acquisition, improvement, equipping or landscaping of the following:

(1) lands;

(2) buildings and facilities, along with the demolition of buildings and facilities;

(3) parks, recreation areas, open space projects and other outdoor projects; and

(4) historic and museum projects.

(b) Definitions.--As used in this section, the term "nonprofit organization" shall mean an entity which is 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, 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.
16 Pa.C.S. § 15399g — PA Code / Title 16 / Chapter 153 / Section 15399g
Issuance of revenue bonds for industrial development projects.
Status: in_force

(a) General rule.--

(1) The county commissioners may issue revenue bonds of the county under 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, equipping or improvement of an industrial development project.

(2) A project under paragraph (1) may consist of any building or facility, or combination or part of a building or facility, occupied or utilized by an industrial, manufacturing or research and development enterprise existing or acquired on January 12, 1968, including any 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 or incidental to the building or facility for the purposes of the project.

(3) A bond issued under paragraph (1) shall 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 facility or for the use or services of the facility.

(b) Lease of project.--An industrial development project financed by the issuance of revenue bonds 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) Costs of bond issue.--Included in the cost of the bond issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.

(d) Transfer.--The county commissioners may:

(1) Sell, lease, lend, grant, convey, transfer or pay over the following, with or without consideration, to any authority created under the act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law:

(i) a project or part of a project; or

(ii) any interest in real or personal property or money available for industrial development purposes,

including the proceeds of revenue bonds issued for industrial development purposes under subsection (a).

(2) Assign, transfer and set over to an authority any project or interest in real or personal property listed under paragraph (1), along with any contract for the project or interest, which may have been awarded for the construction of projects not begun or not completed.

(e) Power to enter into contract.--The county commissioners may enter into a contract or agreement with an authority or with a tenant or proposed tenant of an industrial development project and to do all things necessary or proper to effectuate the public purpose of this section.