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2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14406.1 - Promotions

§ 14406.1. Promotions.
(a) Certification.--
Council shall notify the civil service board of a civil service vacancy in the city which is to be filled by promotion and shall request the certification of an eligibility list as provided in this chapter. For each vacancy, the board shall certify the names of three individuals on the eligibility list who have received the highest average in the last preceding promotional examination held within the period of two years preceding the date of the request for the eligibility list. If three names are not available, the board shall certify the names remaining on the list. Council shall make an appointment from the names certified based solely on the merits and fitness of the candidates unless council makes objections to the board regarding one or more of the individuals on the eligibility list. Council shall have power to determine whether an increase in salary shall constitute a promotion.
(b) Additional powers.--
Notwithstanding subsection (a), the mayor or other elected or appointed official of a city that has adopted one of the following shall retain the power to promote a candidate pursuant to that law:
(1) An optional charter pursuant to the act of July 15, 1957 (P.L.901, No.399), known as the Optional Third Class City Charter Law.
(2) An optional plan pursuant to 53 Pa.C.S. Chs. 30 (relating to types of optional plans of government) and 31 (relating to general provisions common to optional plans).
(3) Any other law authorizing or permitting the mayor or other elected or appointed official to promote a candidate.
(c) Exceptions.--
The provisions of this section shall not apply to the mayor's designation or appointment of the chief of police pursuant to section 12002 (relating to designation of chief) or the mayor's designation or appointment of a fire chief pursuant to section 12101.1 (relating to appointment and demotion of fire chief).
Cross References. Section 14406.1 is referred to in section 14406 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14407 - Tenure and temporary appointments

§ 14407. Tenure and temporary appointments.
(a) Standard.--
All appointments made pursuant to the provisions of this chapter shall be for and during good behavior, and no employee hired pursuant to the provisions of this chapter shall be removed or transferred for any political reasons.
(b) Temporary appointments.--
In case of riot or emergency, temporary appointments to positions in the civil service may be made without complying with the provisions of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14408 - Suspension, discharge and discipline, reduction of employees and appeals

§ 14408. Suspension, discharge and discipline, reduction of employees and appeals.
(a) Provisions.--
(1) All employees subject to civil service shall be subject to suspension, discharge and discipline by the director of the department in which the employee works for misconduct or violation of any law of this Commonwealth, ordinance of the city or regulation of the department. If it should become necessary to reduce the number of employees in the department for economic purposes, the following apply:
(i) Seniority rights shall prevail.
(ii) Any and all removals for cause or causes shall be from the members last appointed.
(iii) The member or members serving the shortest time shall be removed first; however, members with longer times of service may be discharged for cause.
(2) Any employee aggrieved by the suspension, discharge or discipline imposed by a department director more serious than a suspension of three days without pay may request a hearing before council or the civil service board, if designated by ordinance. At the hearing, the employee may be represented by counsel.
(a.1) Appeal.--
Any civil service employee aggrieved by the decision of council or the civil service board shall have the right to appeal in accordance with 2 Pa.C.S. Ch. 7 Subch. B (relating to judicial review of local agency action). This review shall be exclusive. When no appeal is taken within the time prescribed by law, the decision by council or the civil service board shall become final in accordance with law. The issue before the court shall be whether the action of council or the civil service board shall be affirmed or modified in any respect, whether the charges should be dismissed or whether the suspension or demotion made by the director shall be affirmed or rescinded. If any employee has been suspended and the charges are dismissed or the suspension rescinded on appeal, the employee shall receive full compensation for the entire period of suspension.
(b) Challenge.--
In any case in which a police officer or firefighter who is a member of a bargaining unit is subject to suspension, discharge or discipline, the police officer or firefighter shall have the option of challenging the suspension, discharge or discipline imposed by using the procedures provided in subsection (a)(2) or by a proceeding in grievance arbitration. A choice to proceed either by the procedures provided for in subsection (a)(2) or by grievance arbitration shall foreclose the opportunity to proceed in the alternative method.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14409 - Secretary and compensation

§ 14409. Secretary and compensation.
The civil service board shall appoint a secretary and prescribe the secretary's duties and shall have the power to change these duties. The secretary shall be subject to removal, at any time, by the board. Council shall establish the compensation to be paid to the secretary and all necessary supplies for the use of the board shall be supplied by the city.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144 - Civil Service › Section 14410 - Review of eligibility lists

§ 14410. Review of eligibility lists.
The lists of eligible names kept by the civil service board shall be annually examined by the board for the purpose of deleting individuals from the list who are permanently unavailable for or disqualified for the position or positions involved, either by death, permanent removal from the area or written desire to be removed from the list or by other permanent cause in conformity with the board's rules and regulations adopted pursuant to section 14404 (relating to rules, regulations and examinations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A00 - Definitions

§ 144A00. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Veterans' organization."
An incorporated organization of veterans of the armed forces of the United States or an organization comprising veterans' parents or children.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A01 - Appropriations to veterans' organizations

§ 144A01. Appropriations to veterans' organizations.
(a) Annual appropriation.--
Council may make annual appropriations to veterans' organizations to aid in defraying the following expenses:
(1) Expenses relating to Memorial Day and Veterans Day.
(2) Other expenses, such as payment of rent of any building or rooms where the organization has its regular meetings.
(b) Requirements.--
Payments shall be made to defray actual expenses only. Before any payment is made, the veterans' organization receiving the payment shall submit verified accounts of its expenditures.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A11 - Support of Pennsylvania National Guard units

§ 144A11. Support of Pennsylvania National Guard units.
(a) Annual appropriation.--
Council may appropriate annually a sum for the support, maintenance, discipline and training of any troop, company or similar unit of the Pennsylvania National Guard. If the units are organized as a battalion, regiment or similar organization, the total amount due may be paid to the commanding officer of the battalion, regiment or similar organization.
(b) Condition.--
Any money appropriated shall be paid by warrant drawn to the order of the commanding officer of the company, battalion, regiment or similar organization and conditioned upon certification by the Adjutant General of the Commonwealth to the city that the company has satisfactorily passed the annual inspection provided by law.
(c) Use of funds.--
The money appropriated shall be used and expended solely and exclusively for the support, maintenance, discipline and training of the company, battalion, regiment or similar organization.
(d) Accounting required.--
The commanding officer shall account, by proper vouchers to the city each year, for the expenditure of the money appropriated. No appropriation shall be made for any subsequent year until the expenditure of the previous year is duly and satisfactorily accounted for. The accounts of the expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the independent auditor in the manner provided by this chapter for the audit of accounts of city money.
Special Provisions in Appendix.
See section 3(3)(vii) of Act 67 of 2015 in the appendix to this title for special provisions relating to continuation of prior law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A12 - Assistance of armories

§ 144A12. Assistance of armories.
(a) Assistance.--
Council may appropriate money or convey land, either independently or in conjunction with any other political subdivision, to the Commonwealth for the following purposes:
(1) To assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard.
(2) To furnish water, sewer services, light or fuel free of cost to the Commonwealth for use in any armory of the Pennsylvania National Guard.
(b) Council authority.--
Council may do all things necessary to accomplish the purpose of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A13 - Eminent domain for National Guard purposes

§ 144A13. Eminent domain for National Guard purposes.
Council may take, by right of eminent domain for the purpose of appropriating to itself for the use of the Pennsylvania National Guard, public lands, easements and public property in its possession or control and used or held by it for any other purpose. However, the right of eminent domain shall not be exercised as to any street or wharf.
Cross References. Section 144A13 is referred to in section 12801 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A14 - Land for armory purposes

§ 144A14. Land for armory purposes.
(a) General rule.--
Council may acquire, by purchase, gift or the right of eminent domain, any land for the use of the Pennsylvania National Guard and may convey lands so acquired to the Commonwealth in order to assist the State Armory Board in the erection of armories.
(b) Limitations.--
The power conferred by this section shall not be exercised to take any church property, graveyard or cemetery.
(c) Lands outside city limits.--
Lands within three miles outside the limits of the city may be acquired in accordance with this section for the use of the Pennsylvania National Guard. However, if the land outside the limits of the city is acquired by eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).
Cross References. Section 144A14 is referred to in section 12801 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A21 - Purchase of burial grounds for deceased servicepersons

§ 144A21. Purchase of burial grounds for deceased servicepersons.
Council may appropriate money for and purchase plots of ground in any cemetery or burial ground within its respective city limits for the interment of deceased servicepersons:
(1) who:
(i) die within the city; or
(ii) die beyond the city limits but had a legal residence within the city at the time of death; and
(2) whose bodies are entitled to be buried by the county under the provisions of existing law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A22 - Care of memorials

§ 144A22. Care of memorials.
(a) Council authority.--
Council may take charge of, care for, maintain and keep in good order and repair, at the expense of the city, any soldier's monument, gun or carriage or similar memorial, if the memorial:
(1) Is situate in the city.
(2) Is not in the charge or care of any individual, body or organization.
(3) Is not put up or placed by the Federal Government, the Commonwealth or the commissioners of the county or by the direction or authority of any other state.
(b) Donations.--
Council may receive money from any individual or organization and may expend the money for the benefit of memorials.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A23 - Memorial trees

§ 144A23. Memorial trees.
Council may provide for or authorize provision for memorial trees for residents of the city who died while in the military service of the United States or in consequence of that service. Council may make appropriations or accept contributions for this purpose. Trees shall bear some permanent indication of their purpose.
Cross References. Section 144A23 is referred to in section 144A24 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 144A - Veterans' Affairs › Section 144A24 - Penalty for injury to memorial trees

§ 144A24. Penalty for injury to memorial trees.
Any individual who willfully, maliciously or negligently destroys or injures any tree planted pursuant to section 144A23 (relating to memorial trees) commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $500, or to imprisonment for not more than three months, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A00 - Definitions

§ 145A00. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Public improvement."
The term includes, but is not limited to, the following:
(1) The building, paving, grading, rebuilding, repaving and regrading of streets, sidewalks, curbs and gutters.
(2) The creation, extension and renovation of water and sewerage collection, transmission, treatment and disposal systems.
(3) The creation, extension and renovation of storm, surface and subsurface drainage systems.
(4) The construction, reconstruction and repair of wharves and docks.
(5) The installation of pipes, wires and conduits relating to city-supplied utility services.
(6) The installation, maintenance or operation of lighting that services the streets and sidewalks within the city.
(7) The planting, maintaining, trimming, transplanting, removal and protection of shade trees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A01 - Authority to assess

§ 145A01. Authority to assess.
(a) Authority.--
Unless otherwise provided for in this part, a city is authorized to assess all or any portion of the costs of a public improvement, including any related administrative fees, against any properties that are benefited by the public improvement.
(b) Payment of costs.--
Unless otherwise provided in this chapter, in addition to the authority to assess the cost of public improvements against properties benefited, a city may pay for the cost of public improvements, in whole or in part, from the city general fund or, if authorized, from a special city fund dedicated to that purpose.
(c) Indebtedness.--
If a city incurs indebtedness pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purposes of funding the cost and expense of making public improvements for which assessments are made in accordance with this chapter, payments made on the assessments must be applied to pay the debt service for the indebtedness incurred for funding the cost and expense of making the public improvements.
Cross References. Section 145A01 is referred to in section 145A02 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A02 - Method of assessment

§ 145A02. Method of assessment.
(a) Ordinance.--
In any case in which council elects to exercise the power to make assessments for a given public improvement as authorized in section 145A01 (relating to authority to assess), council shall, by ordinance and in conformity with this chapter, establish the method and procedure pursuant to which assessments shall be made.
(b) Allocation of costs and expenses.--
Council may, by ordinance, make the assessment by any means that results in fairly allocating all or a portion of the costs and expenses of the public improvement among all properties benefited by the improvement in reasonable proportion to the benefits conferred upon each property. The methods that may be used to make assessments in accordance with this subsection may include but are not limited to:
(1) An equal assessment per front foot, lot, parcel, dwelling unit or square foot.
(2) An assessment made by viewers.
(c) Front foot method.--
If the front foot method is used:
(1) The cost to be collected shall be divided by the total number of linear feet of street frontage of all properties benefited.
(2) The assessment against each property shall be that portion of the cost which is determined by multiplying the dividend under paragraph (1) by the number of linear feet for street frontage of that property.
(3) In the case of corner or irregularly shaped lots or where special conditions exist, council shall have the power and its duty shall be to provide for an equitable adjustment, as necessary, to prevent an unjust or excessive assessment.
(d) Assessment based on report of viewers.--
In order to pay for all or a portion of the cost or expenses of a public improvement, council may determine to assess properties benefited based upon a report of viewers. Three disinterested persons shall be appointed by council as viewers. A majority of the viewers shall assess the cost against each property benefited in reasonable proportion to the benefits conferred upon each property. The viewers or a majority of them shall:
(1) Make a report, in writing, which shall specify the amount assessed upon each property.
(2) Present the report directly to council or file it with the city clerk as council directs.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A03 - Notice of assessment

§ 145A03. Notice of assessment.
(a) Personal notice.--
After the amounts to be assessed against the properties to be benefited by the public improvement have been calculated pursuant to the method and procedures as prescribed by ordinance, the city shall give personal notice of the assessment to the owner of each property that is being assessed. The notice shall also state that the owner has 30 days from receipt of the notice to appeal the assessment.
(b) Assessment effective.--
An assessment made pursuant to this chapter shall become effective 30 days after personal notice is given by any of the following means:
(1) Personal service on the owner.
(2) Certified mail, addressee only, return receipt requested, to the owner at the owner's last known address.
(3) Posting notice at or upon the property after reasonable attempts to give personal notice pursuant to paragraphs (1) and (2) have failed.
Cross References. Section 145A03 is referred to in section 145A08 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A04 - Appeals to court

§ 145A04. Appeals to court.
Within 30 days after receipt of the notice of assessment, an owner of property shall have the right to appeal the assessment to the court of common pleas in the county in which the assessed property is located. On appeal, unless the court finds fraud, mistake or illegality, the court shall be restricted to determining the following questions:
(1) Whether the property assessed received any special benefits from the improvement.
(2) Whether the assessment made exceeds the special benefits received.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A05 - Benefits and damages

§ 145A05. Benefits and damages.
In any proceeding in which damages to property are being sought as a result of a public improvement for which an assessment of benefits has been made, the excess of damages over benefits, or the excess of benefits over damages, or nothing in case the benefits and damages are equal, shall be awarded to or assessed against the owner of land and property affected by the public improvement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A06 - Return by city of assessments paid on property unlawfully assessed

§ 145A06. Return by city of assessments paid on property unlawfully assessed.
The following shall apply with regard to the return of payments made on an unlawful assessment:
(1) If, after a timely appeal, a court makes a final determination that a property was unlawfully assessed or that the amount assessed exceeded, to a substantial amount, the benefits received by the property assessed from the public improvement, a city that received money in payment of the assessment shall repay the money in an amount as ordered by the court.
(2) Within two years of receiving payment of an assessment, the city may repay the money voluntarily if the city determines that the assessment was made erroneously.
(3) Repayments to property owners pursuant to paragraph (1) or (2) shall include interest from the date of payment of the unlawful or erroneous assessment at the rate of interest that is provided for in 53 Pa.C.S. § 8426 (relating to interest on overpayment).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A07 - Payment of assessments in installments

§ 145A07. Payment of assessments in installments.
(a) Authorization.--
An ordinance providing for a public improvement, the expense of which is to be defrayed by an assessment against properties benefited by the public improvement, may authorize payment of the assessment in installments. The ordinance shall:
(1) Set a time when the installment payments shall commence.
(2) Specify the length of time over which the installments may be extended. The period during which installments may be paid shall not exceed the lesser of 10 years or the number of years equal to the period of maturity of the bonds issued to fund the public improvement.
(3) Specify whether payments are to be made by equal annual or more frequent installments.
(b) Interest rate.--
The ordinance shall set forth the rate of interest for the installments, which shall not be more than 10% per year unless a bond is issued for the improvement, in which case the maximum interest rate on the installment payments shall be in accordance with section 9 of the Municipal Claim and Tax Lien Law.
(c) Written agreement.--
The city shall enter into a written installment agreement with each property owner that will pay the assessment in installments, subject to the requirements of the ordinance pertaining to the agreements and this chapter.
(d) Installments not paid.--
If any of the installments remain unpaid for 60 days after the installments have become due and payable:
(1) The entire unpaid assessment, plus unpaid accrued interest and any costs, shall be due and payable.
(2) The city may proceed to collect the installments by filing a lien in the same manner as municipal claims are filed under the Municipal Claim and Tax Lien Law or by instituting a civil action.
(e) Advance payments.--
Any property owner upon whom an assessment has been made may pay all or as many of the installments before they are due, with interest and costs, on or before the due date of the next installment.
Cross References. Section 145A07 is referred to in section 145A08 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 145A - Assessments for Public Improvements › Section 145A08 - Collection of assessments

§ 145A08. Collection of assessments.
(a) Authority.--
Council shall have the power to authorize the city treasurer or other city official to collect assessments.
(b) Procedure.--
The following shall apply to the collection of assessments:
(1) A city may collect an assessment that remains unpaid for 60 days after personal notice was given pursuant to section 145A03 (relating to notice of assessment) unless an installment agreement has been entered into pursuant to section 145A07 (relating to payment of assessments in installments).
(2) An assessment made under this chapter may be collected in the same manner as municipal claims under the Municipal Claim and Tax Lien Law or by instituting a civil action against the owner of the property benefited.
(3) Interest on an unpaid assessment shall begin to accrue from the time of completion of the improvement at a rate of 10% per year unless a bond is issued for the improvement, in which case the maximum interest rate shall be pursuant to section 9 of the Municipal Claim and Tax Lien Law.
(4) If a property owner has two or more lots against which there is an assessment for the same improvement, all of the lots may be embraced in one claim.
(5) Assessments, whether paid one time or by installments, shall be payable at the office of the city treasurer or any other place designated by ordinance.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 146 - Collection of Municipal Claims and Compromise of Claims › Section 14601 - Collection of municipal claims

§ 14601. Collection of municipal claims.
(a) Civil action.--
In addition to the remedies provided by this part or any other law for the filing of liens for the collection of municipal claims, including water rates, sewer rates and the removal of nuisances, a city may proceed for the recovery and collection of municipal claims by civil action as follows:
(1) The action shall be brought against the person who was the owner of the property at the time:
(i) of the completion of the improvement; or
(ii) the water or sewer rates or the cost of the removal of nuisances first became payable.
(2) A city may bring a civil action, notwithstanding the failure on the part of the city or its agents to enter the municipal claim as a lien against the property assessed for the improvement, for the furnishing of water or sewer services or for the removal of nuisances and for the recovery of which the action was brought.
(b) Limitation period.--
The civil action shall be commenced either within six years after the completion of the improvement from which the claim arises or within six years after the water or sewer rates or the cost of abating a nuisance first became payable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 146 - Collection of Municipal Claims and Compromise of Claims › Section 14602 - Compromise of municipal claims

§ 14602. Compromise of municipal claims.
(a) Agreement.--
Council may agree with the owner of the real estate to accept a sum less than the whole of the amount of a municipal claim due, in compromise or reduction of the amount of the claim and the interest charges, expenses and fees added to and due on the claim, if:
(1) the city had entered the claim in the office of the prothonotary as a lien against real estate; and
(2) the claim has existed for 10 years or more.
(b) Satisfaction of lien.--
Upon receipt of the compromise amount as agreed upon:
(1) The city shall cause the lien to be properly satisfied on the record, which shall be as effective as if the whole amount of the claim, interest, charges, expenses and fees had been paid.
(2) The claim shall no longer be a lien against the real estate or a claim against the owner of the real estate.
(c) Applicability.--
The provisions of this section permitting compromise of municipal claims shall not apply to or in any manner affect any claims, the assessments for which:
(1) Are:
(i) the sole basis of improvement bonds issued by any political subdivision; and
(ii) the security for the payment of the bonds.
(2) Have been assigned by any political subdivision to any contractor in payment of the amount due the contractor under terms of the contract for the improvement for which the assessments were levied.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 11 - CITIES › Chapter 147 - Miscellaneous Provisions › Section 14702 - Construction of part

§ 14702. Construction of part.
Nothing contained in this part shall be construed to repeal:
(1) The provisions of the act of May 23, 1945 (P.L.903, No.362), entitled "An act authorizing cities of the third class to establish an optional retirement system for officers and employes independently of any pension system or systems existing in such cities."
(2) The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
(3) The provisions of 45 Pa.C.S. (relating to legal notices).
(4) The provisions of 65 Pa.C.S. (relating to public officers).
(5) The provisions of 66 Pa.C.S. Pt. I (relating to public utility code).
(6) The provisions of 74 Pa.C.S. Ch. 59 Subch. B (relating to airport zoning).
(7) Any local or special laws.
(8) Any law relating to the Navigation Commission for the Delaware River and its Navigable Tributaries.
(9) The provisions of any law, the enforcement of which is vested in the Department of Health or the Department of Environmental Protection.
(10) The provisions of any law, the enforcement of which is vested in the Department of Conservation and Natural Resources.
(11) Any laws or parts of laws pertaining to civil defense.
(12) A supplement to any act under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Extra - Title Notes

Special Provisions in Appendix.
See sections 2 and 4 of Act 70 of 1993 in the appendix to this title for special provisions
            relating to statutory construction and applicability.
See section 1 of Act 12 of 2004 in the appendix to this title for special provisions
            relating to legislative findings and declarations.
Special Provisions in Appendix.
See section 4(1) of Act 12 of 2004 in the appendix to this title for special provisions
            relating to continuation of prior law.
Special Provisions in Appendix.
See section 4(2) of Act 12 of 2004 in the appendix to this title for special provisions
            relating to continuation of prior law.
12c501s
Special Provisions in Appendix.
See section 4(3) of Act 12 of 2004 in the appendix to this title for special provisions
            relating to continuation of prior law.
12c2101s
Special Provisions in Appendix.
See section 4(4) of Act 12 of 2004 in the appendix to this title for special provisions
            relating to continuation of prior law.
Special Provisions in Appendix.
See section 4(5) of Act 12 of 2004 in the appendix to this title for special provisions
            relating to continuation of prior law.
Special Provisions in Appendix.
See section 6 of Act 218 of 2004 in the appendix to this title for special provisions
            relating to applicability.
Special Provisions in Appendix.
See sections 3 and 4 of Act 14 of 2004 in the appendix to this title for special provisions
            relating to construction and application of law and misappropriations occurring prior
            to Act 14.
12c5301s
Special Provisions in Appendix.
See sections 2 and 4 of Act 22 of 2001 in the appendix to this title for special provisions
            relating to applicability to authorities incorporated under former laws and continuation
            of Municipality Authorities Act of 1945.
Special Provisions in Appendix.
See section 8 of Act 98 of 2013 in the appendix to this title for special provisions
            relating to applicability.
Enactment.
Unless otherwise noted, the provisions of Title 12 were added December 3, 1993, P.L.479,
            No.70, effective in 60 days.
Enactment.
Part I was added February 12, 2004, P.L.99, No.12, effective immediately.
Enactment.
Part II was added February 12, 2004, P.L.99, No.12, effective immediately.
Enactment.
Part III was added February 12, 2004, P.L.99, No.12, effective immediately.
Prior Provisions.
Part IV (Reserved) heading was added November 27, 2013, P.L.1081, No.98, and repealed
            October 22, 2014, P.L.2569, No.161, effective in 60 days.
Saved from Suspension.
Pennsylvania Rule of Civil Procedure No. 3159(b)(1), adopted April 20, 1998, provided
            that section 5107 shall not be deemed suspended or affected by Rules 3101 through
            3149 relating to enforcement of money judgments for the payment of money.
Enactment.
Part V was added November 27, 2013, P.L.1081, No.98, effective in one year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 1 - Preliminary Provisions › Section 101 - Definitions

§ 101. Definitions.
Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Department."
The Department of Community and Economic Development of the Commonwealth.
"Secretary."
The Secretary of Community and Economic Development.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 3 - Economic Development Financing Strategy › Section 302 - Definitions

§ 302. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Economic development program."
A program which is administered by the department, including programs administered or staffed by the department, and which provides financial assistance for economic development to persons. The term includes all of the following:
(1) Any program created under Part III (relating to economic development programs).
(2) Any program of an entity created under 64 Pa.C.S. Pt. II (relating to economic development financing).
(3) The Pennsylvania Industrial Development Authority.
(4) The Pennsylvania Minority Business Development Authority.
(5) The Infrastructure Development Program.
(6) The Industrial Sites Reuse Program.
(7) The tax credit programs established in Articles XVII-B and XVIII-B of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.
(Oct. 22, 2014, P.L.2569, No.161, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 3 - Economic Development Financing Strategy › Section 303 - Development

§ 303. Development.
The department shall annually develop a report containing a financing strategy for economic development within this Commonwealth. In developing the report, the department shall gather input and recommendations from businesses, community leaders and organizations, legislators and private citizens. The report shall include all of the following:
(1) A financial audit or statement of operations for each economic development program.
(2) A narrative description of accomplishments for each economic development program during the preceding fiscal year.
(3) A detailed description of the parameters of operation for the economic development programs during the upcoming fiscal year. The description shall include the terms and conditions under which the economic development programs shall be administered.
(4) A description of the performance measurements and accountability factors to be applied and the performance targets or goals to be met for each economic development program.
(5) A description of long-range planning for the economic development programs through the next five fiscal years.
(6) A list of the loans, grants or credits approved for the economic development programs during the fiscal year. The list shall include a brief description of and details regarding each loan, grant or credit approved, including penalties imposed by the department.
(7) A review of pending projects.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 3 - Economic Development Financing Strategy › Section 304 - Oversight

§ 304. Oversight.
Concurrent with the submission of the Governor's annual budget message, the department shall submit the report required by this chapter to all of the following:
(1) The Secretary of the Senate.
(2) The chairperson of the Appropriations Committee of the Senate.
(3) The Chief Clerk of the House of Representatives.
(4) The chairperson of the Appropriations Committee of the House of Representatives.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 4 - Pennsylvania Military Community Enhancement Commission › Section 403 - Powers and duties

§ 403. Powers and duties.
The commission shall have the following powers and duties:
(1) Advise on the expansion of economic development opportunities and defense-related industry organizations in public or private sectors in this Commonwealth.
(2) Establish a viable and long-term relationship with each military installation, organization and defense-related organization in this Commonwealth.
(3) Closely monitor the activities at the Federal level relating to any initiative or proposal that will affect, either positively or negatively, any military installation or organization or defense-related organization in this Commonwealth.
(4) Educate and engage stakeholders at the Federal, State and local levels and in the public and private sectors on the enhancement and preservation of the military installations and organizations and defense-related organizations in this Commonwealth.
(5) Advocate at the Federal, State and local levels for the enhancement of the military installations and organizations and defense-related organizations in this Commonwealth in order to fully support our nation's military at home and abroad.
(6) Identify, in coordination with the department, sources of funding for economic development projects, including projects under this title, 64 Pa.C.S. (relating to public authorities and quasi-public corporations) or projects under the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, related to military installations and defense-related organizations and for the enhancement of military installations or defense-related organizations in this Commonwealth.
(7) Estimate an annual budget for the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 5 - Small Business Council › Section 502 - Definitions

§ 502. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Council."
The Small Business Council established under section 503 (relating to Small Business Council).
"Executive agency."
The Governor and the departments, boards, commissions, authorities and other officers and agencies of the Commonwealth. The term does not include any court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies or any independent agency or State-affiliated entity.
"Small business."
A person that employs fewer than 100 employees.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 5 - Small Business Council › Section 503 - Small Business Council

§ 503. Small Business Council.
(a) Establishment.
--There is established within the department an agency to be known as the Small Business Council. The council shall do all of the following:
(1) Assist with the development of policies and regulations which affect small businesses within this Commonwealth.
(2) Provide advice relating to the nature of small business practices and problems in this Commonwealth.
(3) Provide a review of existing and proposed policies and regulations which are relevant to small business.
(b) Composition.
--The council shall be composed of 13 members. The secretary shall serve ex officio. Twelve members shall be appointed as follows:
(1) Four individuals appointed by the Governor.
(2) Two individuals appointed by the President pro tempore of the Senate.
(3) Two individuals appointed by the Minority Leader of the Senate.
(4) Two individuals appointed by the Speaker of the House of Representatives.
(5) Two individuals appointed by the Minority Leader of the House of Representatives.
(c) Qualifications.
--In order to be eligible for appointment to the council, an individual must:
(1) have a background in improving small businesses; and
(2) be one of the following:
(i) a present owner or operator of a small business within this Commonwealth;
(ii) a member of the academic community who has expertise regarding small business practices; or
(iii) a professional who specializes in representing small businesses.
(d) Term.
--Each member of the council shall serve for a period of two years.
(e) Organization.
--The secretary shall serve as chairperson.
(f) Meetings.
--The council shall meet at the call of the chairperson.
(g) Quorum.
--A majority of the board shall constitute a quorum. A majority of the members present shall be necessary to transact business on behalf of the council.
(h) Expenses.
--A member shall not receive compensation or remuneration but shall be entitled to reimbursement for all reasonable and necessary actual expenses.
(i) Administrative assistance.
--The department shall do all of the following:
(1) Provide administrative and technical support to the council.
(2) Publish notice of council meetings in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
(3) Maintain a mailing list of persons who have requested specific notification of meetings and activities of the council.
(4) Designate a deputy secretary to attend council meetings and to serve as the public's liaison of the council.
(j) Cooperation.
--Upon the council's request, an executive agency shall provide the council with officially promulgated regulatory and nonregulatory documents which regulate or would regulate small businesses.
Cross References.
Section 503 is referred to in section 502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 5 - Small Business Council › Section 504 - Regulatory review

§ 504. Regulatory review.
(a) Notification.
--To the extent known to the secretary, the department shall, on a semiannual basis, provide the council with a list of regulations being proposed by all executive agencies which may affect small businesses in this Commonwealth.
(b) Conference.
--The department shall, upon request of the council, arrange a meeting between the council and representatives of an executive agency to discuss regulatory proposals and policy initiatives of the executive agency which might affect small businesses in this Commonwealth.
(c) Written comments.
--The council shall provide the department with written comments regarding the council's position on the proposed regulations. The department shall transmit the comments to the appropriate executive agencies. The written comments shall include an impact statement and any other information which the council deems necessary for the public to make an informed opinion on the proposals.
(d) Exceptions.
--The requirements under subsections (a) and (b) shall not apply to the promulgation of the following regulations relating to small businesses:
(1) Regulations required by court order.
(2) Regulations necessitated by a Federal or State declaration of emergency.
(3) Interim regulations which are authorized by statute.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 21 - Opportunity Grants › Section 2102 - Definitions

§ 2102. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Applicant."
A person that applies for a grant in accordance with this chapter.
"Developer."
A person that has as a purpose the promotion or construction of economic development projects and that is engaged in the development of real estate for use by more than one person.
"Eligible recipient."
Any of the following persons:
(1) A municipality.
(2) An entity created under the act of August 23, 1967
(P.L.251, No.102), known as the Economic Development Financing Law.
(3) An entity certified as an industrial development agency under the act of May 17, 1956 (1955 P.L.1609, No.537), known as the Pennsylvania Industrial Development Authority Act.
(4) An entity created under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) or under the former act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945.
(5) An entity created under the act of May 24, 1945
(P.L.991, No.385), known as the Urban Redevelopment Law.
(6) A developer.
(7) A person that is engaged in any of the following activities:
(i) The production or processing of farm commodities.
(ii) Manufacturing.
(iii) Research and development.
(iv) Export services.
(v) Any other activity which offers a significant economic impact on the Commonwealth, as determined by the department.
"Eligible use."
Any of the following activities:
(1) Job training.
(2) The acquisition of interest in land, buildings or rights-of-way.
(3) The construction or rehabilitation of buildings.
(4) The construction or rehabilitation of infrastructure.
(5) The purchase or upgrading of machinery and equipment.
(6) Working capital.
(7) Site preparation, including demolition and clearance.
(8) Environmental assessments.
(9) Remediation of hazardous material.
(10) Architectural and engineering fees up to 10% of the award.
"Job-creating economic development."
Includes the expansion or preservation of existing industry.
"Program."
The Opportunity Grant Program established in section 2103 (relating to establishment.)
"Project."
An activity conducted in this Commonwealth.
"Recipient."
A person who receives a grant under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 12 - COMMERCE AND TRADE › Chapter 21 - Opportunity Grants › Section 2103 - Establishment

§ 2103. Establishment.
There is established within the department a program to be known as the Opportunity Grant Program. The program shall be administered by the department to provide grants to eligible persons for certain projects which encourage job-creating economic development within this Commonwealth.
Cross References.
Section 2103 is referred to in section 2102 of this title.