reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 58 - Contractors' Bonds and Financial Security for Redevelopment Contracts (Repealed) › Section 5801 - § 5810 - (Repealed)

2004 Repeal.
Chapter 58 (§§ 5801 - 5810) was added December 30, 2002, P.L.2001, No.230, and repealed January 12, 2004, P.L.1, No.1, effective immediately.
2004 Unconstitutionality.
Act 230 of 2002 was declared unconstitutional. City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 59 - Pennsylvania Convention Center Authority (Repealed) › Section 5901 - § 5923 - (Repealed)

2004 Repeal.
Chapter 59 (§§ 5901 - 5923) was added December 30, 2002, P.L.2001, No.230, and repealed February 5, 2004, P.L.7, No.3, effective February 5, 2004. The subject matter is now contained in Chapter 60 of Title 64 (Public Authorities and Quasi-Public Corporations).
2004 Unconstitutionality.
Act 230 of 2002 was declared unconstitutional. City of Philadelphia v. Commonwealth, 838 A.2d 566 (Pa. 2003).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Extra - Chapter Notes

Enactment.
Chapter 60 was added July 14, 2005, P.L.280, No.49, effective in 60 days.
Cross References.
Chapter 60 is referred to in section 204 of Title 26 (Eminent Domain).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6003 - Definitions

§ 6003. 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:
"County."
A county of the second, second A, third, fourth, fifth, sixth, seventh or eighth class. The term does not include any county of the first class.
"National Affordable Housing Act of 1990."
The Cranston-Gonzalez National Affordable Housing Act (Public Law 101-625, 42 U.S.C. § 12701 et seq.), as amended.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6011 - Affordable housing programs fee in counties

§ 6011. Affordable housing programs fee in counties.
(a) General rule.--
The governing body of each county may, by ordinance, increase the fees charged by the recorder of deeds for recording deeds and mortgages under the act of June 12, 1919 (P.L.476, No.240), referred to as the Second Class County Recorder of Deeds Fee Law, or the act of April 8, 1982 (P.L.310, No.87), referred to as the Recorder of Deeds Fee Law.
(b) Limitation.--
The additional fees levied by a governing body of a county under subsection (a) shall not exceed 100% of the amounts charged on February 12, 1993.
Cross References.
Section 6011 is referred to in section 6012 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6012 - Disposition of proceeds in counties

§ 6012. Disposition of proceeds in counties.
(a) Deposit.--
Money collected as a result of the fee imposed under section 6011(a) (relating to affordable housing programs fee in counties) shall be deposited in the general fund of the county.
(b) Allocation.--
Money collected as a result of the fee imposed under section 6011(a) shall be allocated as follows:
(1) At least 85% of the money collected shall be set aside in a separate account to be used to fund affordable housing efforts in the county.
(2) Not more than 15% of the money collected may be used by the county for the administrative costs associated with the affordable housing efforts.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6013 - Affordable housing efforts in counties

§ 6013. Affordable housing efforts in counties.
"Affordable housing effort" as used in this subchapter is any program or project approved by the governing body of the county which increases the availability of quality housing, either sales or rental, to any county resident whose annual income is less than the median income of the county and includes:
(1) Providing local matching funds to secure National Affordable Housing Act of 1990 HOME funds.
(2) Assisting or supporting housing efforts by the Pennsylvania Housing Finance Agency and by commercial banks and thrift institutions.
(3) Supporting soft second mortgage programs.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6021 - Affordable housing programs fee in cities of first class

§ 6021. Affordable housing programs fee in cities of first class.
(a) General rule.--
The governing body of a city of the first class may, by ordinance, charge an affordable housing program fee for recording deeds and mortgages and other related mortgage documents.
(b) Limitation.--
The fee levied by a governing body of a city of the first class under subsection (a) shall not exceed 100% of the amounts charged by a city of the first class for recording deeds and mortgages and other related documents.
(c) Construction.--
Subsection (a) shall not limit or otherwise impact the authority of a city of the first class to alter the fees charged by a city of the first class as of the effective date of this chapter for recording deeds and mortgages and other related mortgage documents.
(Dec. 22, 2011, P.L.549, No.114, eff. 60 days)
2011 Amendment.
Act 114 amended subsec. (b).
Special Provisions in Appendix.
See section 4 of Act 49 of 2005 in the appendix to this title for special provisions relating to fees in first class cities.
Cross References.
Section 6021 is referred to in section 6022 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6022 - Disposition of proceeds in cities of first class

§ 6022. Disposition of proceeds in cities of first class.
(a) Deposit.--
Money collected as a result of the fee imposed under section 6021(a) (relating to affordable housing programs fee in cities of the first class) shall be deposited in a special fund established by a city of the first class.
(b) Allocation.--
Money collected as a result of the fee imposed under section 6021(a) shall be allocated as follows:
(1) At least 85% of the money collected shall be used to fund affordable housing efforts in a city of the first class. The following apply:
(i) A city of the first class may by ordinance dedicate a portion of the funds allocated under this subsection to benefit households whose annual income adjusted for household size is equal to or less than 30% of the median income of the metropolitan statistical area including that city of the first class.
(ii) A city of the first class may by ordinance dedicate a portion of the funds allocated under this subsection to programs described in section 6023(1) (relating to affordable housing efforts in cities of first class).
(iii) A city of the first class may by ordinance define criteria for accessibility of new and existing housing for visitors or occupants who are physically disabled and establish the percentage of new construction units produced as a result of the affordable housing efforts of the city funded under this subsection that must meet the criteria.
(iv) A city of the first class may by ordinance restrict expenditure of money raised under this subchapter to those programs and projects described in section 6023.
(v) A city of the first class may by ordinance require that housing produced or rehabilitated through affordable housing efforts be priced or rented at an amount such that the purchase or rental will require the expenditure of no more than a certain maximum percentage of the gross income of the household of the purchaser or renter.
(2) Not more than 15% of the money collected may be used for the administrative costs of a city of the first class associated with the affordable housing efforts.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 60 - Optional Affordable Housing Funding › Section 6023 - Affordable housing efforts in cities of first class

§ 6023. Affordable housing efforts in cities of first class.
"Affordable housing effort" as used in this subchapter is a program or project which increases the availability of quality housing, either sales or rental, to any resident of a city of the first class whose annual income adjusted for household size is less than 115% of the median income of the metropolitan statistical area including that city of the first class and includes:
(1) A program or project which increases the production of housing for sale or rent.
(2) A program or project which increases the accessibility of new and existing housing to visitors or occupants who are physically disabled.
(3) A program or project which provides grants for repair of basic systems or improvement of owner-occupied housing.
(4) A program or project which provides for the improvement of facades for owner-occupied housing.
(5) A program or project which prevents or reduces homelessness.
Cross References.
Section 6023 is referred to in section 6022 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Extra - Chapter Notes

Enactment.
Chapter 61 was added October 27, 2010, P.L.875, No.90, effective in 180 days.
Cross References.
Chapter 61 is referred to in section 32A04 of Title 8 (Boroughs and Incorporated Towns);
            section 141A04 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6102 - Legislative findings and purpose

§ 6102. Legislative findings and purpose.
The General Assembly finds and declares as follows:
(1) There are deteriorated properties located in all municipalities of this Commonwealth as a result of neglect by their owners in violation of applicable State and municipal codes.
(2) These deteriorated properties create public nuisances which have an impact on crime and the quality of life of our residents and require significant expenditures of public funds in order to abate and correct the nuisances.
(3) In order to address these situations, it is appropriate to deny certain governmental permits and approvals in order:
(i) To prohibit property owners from further extending their financial commitments so as to render themselves unable to abate or correct the code, statutory and regulatory violations or tax delinquencies.
(ii) To reduce the likelihood that other municipalities will have to address the owners' neglect and resulting deteriorated properties.
(iii) To sanction the owners for not adhering to their legal obligations to the Commonwealth and its municipalities, as well as to tenants, adjoining property owners and neighborhoods.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6111 - Actions

§ 6111. Actions.
In addition to any other remedy available at law or in equity, a municipality may institute the following actions against the owner of any real property that is in serious violation of a code or for failure to correct a condition which causes the property to be regarded as a public nuisance:
(1) (i) An in personam action may be initiated for a continuing violation for which the owner takes no substantial step to correct within six months following receipt of an order to correct the violation, unless the order is subject to a pending appeal before the administrative agency or court.
(ii) Notwithstanding any law limiting the form of action for the recovery of penalties by a municipality for the violation of a code, the municipality may recover, in a single action under this section, an amount equal to any penalties imposed against the owner and any costs of remediation lawfully incurred by or on behalf of the municipality to remedy any code violation.
(2) A proceeding in equity.
Cross References.
Section 6111 is referred to in section 6112 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6112 - Asset attachment

§ 6112. Asset attachment.
(a) General rule.--
A lien may be placed against the assets of an owner of real property that is in serious violation of a code or is regarded as a public nuisance after a judgment, decree or order is entered by a court of competent jurisdiction against the owner of the property for an adjudication under section 6111 (relating to actions).
(b) Construction.--
Nothing in this section shall be construed to authorize, in the case of an owner that is a corporation, association or trust, a lien on the individual assets of the general partner, agent or trustee, except as otherwise allowed by law, limited partner, shareholder, member or beneficiary of the association or trust.
(Oct. 22, 2014, P.L.2637, No.171, eff. 60 days)
2014 Amendment. Act 171 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6113 - Duty of out-of-State owners of property in this Commonwealth

§ 6113. Duty of out-of-State owners of property in this Commonwealth.
A person or other responsible party who lives or has a principal place of residence outside this Commonwealth, who owns or is responsible for property in this Commonwealth against which code violations have been cited and the person is charged under 18 Pa.C.S. (relating to crimes and offenses), and who has been properly notified of the violations may be extradited to this Commonwealth to face criminal prosecution to the full extent allowed and in the manner authorized by 42 Pa.C.S. Ch. 91 (relating to detainers and extradition).
(Oct. 22, 2014, P.L.2637, No.171, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6114 - Duty of corporation, association and trust owners

§ 6114. Duty of corporation, association and trust owners.
Where, after reasonable efforts, service of process for a notice or citation for any code violation for any real property owned by a corporation, association or trust cannot be accomplished by handing a copy of the notice or citation to an agent, executive officer, partner or trustee of the corporation, association or trust or to the manager, trustee or clerk in charge of the property, the delivery of the notice or citation may occur by registered, certified or United States Express mail, accompanied by a delivery confirmation:
(1) To the registered office of the corporation, association or trust.
(2) Where the corporation, association or trust does not have a registered office, to the mailing address used for real estate tax collection purposes, if accompanied by the posting of a conspicuous notice to the property and by handing a copy of the notice or citation to the person in charge of the property at that time.
(3) In the case of a corporation, notice shall be sent to the registered office on file with the Department of State.
(Oct. 22, 2014, P.L.2637, No.171, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6115 - Failure to comply with a code requirement

§ 6115. Failure to comply with a code requirement.
(a) Offense defined.--
The owner of real property commits the offense of failure to comply with a code requirement if all of the following apply:
(1) The owner of real property has been convicted of a second or subsequent serious violation of the same provision of a municipal code for the same property.
(2) The violation poses a threat to the public's health, safety or property and the owner has not taken a substantial step to correct the violation.
(3) The violation is considered a public nuisance and the owner has not made a reasonable attempt to correct the violation.
(b) Grading.--
Failure to comply with a code requirement shall constitute a:
(1) Misdemeanor of the second degree if the offense is a second conviction of a serious violation of the same provision of a municipal code relating to the same property.
(2) Misdemeanor of the first degree if the offense is based on three or more convictions of serious violations of the same provision of a municipal code relating to the same property.
(c) Definition.--
As used in this section, "code requirement" shall mean a building, housing or property maintenance code or ordinance of a municipality.
(July 10, 2015, P.L.162, No.34, eff. 60 days)
2015 Amendment. Act 34 added section 6115.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6143 - Conflict with other law

§ 6143. Conflict with other law.
In the event of a conflict between the requirements of this chapter and Federal requirements applicable to demolition, disposition or redevelopment of buildings, structures or land owned by or held in trust for the Government of the United States and regulated pursuant to the United States Housing Act of 1937 (50 Stat. 888, 42 U.S.C. § 1437 et seq.) and the regulations promulgated thereunder, the Federal requirements shall prevail.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6144 - Relief for inherited property

§ 6144. Relief for inherited property.
Where property is inherited by will or intestacy, the devisee or heir shall be given the opportunity to make payments on reasonable terms to correct code violations or to enter into a remediation agreement under section 6131(b)(1)(iii) (relating to municipal permit denial) with a municipality to avoid subjecting the devisee's or heir's other properties to asset attachment or denial of permits and approvals on other properties owned by the devisee or heir.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 61 - Neighborhood Blight Reclamation and Revitalization › Section 6145 - Construction

§ 6145. Construction.
Nothing in this chapter shall be construed to abridge or alter the remedies now existing at common law or by statute, but the provisions of this chapter are in addition to such remedies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 80 was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Cross References.
Subchapter B is referred to in sections 8002, 8103, 8109, 8125, 8244 of this title.
Cross References.
Subchapter C is referred to in sections 8005, 8248 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8001 - Short title, scope and applicability of subpart

§ 8001. Short title, scope and applicability of subpart.
(a) Short title of subpart.--
This subpart shall be known and may be cited as the Local Government Unit Debt Act.
(b) Scope of subpart.--
This subpart shall apply to all local government units.
(c) Exemption of bonds and notes from taxation in this Commonwealth.--
This section is the Commonwealth's pledge to and agreement with a person, firm, corporation or Federal agency subscribing to or acquiring any bonds or notes, including tax anticipation notes issued by any local government unit under this subpart, the act of June 25, 1941 (P.L.159, No.87), known as the Municipal Borrowing Law, or the act of July 12, 1972 (P.L.781, No.185), known as the Local Government Unit Debt Act, that the bonds or notes, their transfer and the income therefrom, including any profits made on their sale, shall be free from taxation for State and local purposes within this Commonwealth. This exemption does not apply to gift, inheritance, succession or estate taxes or any other taxes not levied directly on the bonds or notes, their transfer, the income therefrom or the realization of profits on their sale. The exemption under this subsection of profits made on the sale of bonds or notes does not apply to bonds or notes issued on or after February 1, 1994 (the effective date of section 2901 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971).
(d) Exclusive procedure.--
A local government unit may borrow money on bonds or notes, including tax anticipation notes, only as provided in this subpart. This subpart provides an exclusive and uniform system on the subjects covered by this subpart.
(May 5, 1998, P.L.301, No.50, eff. 60 days)
1998 Amendment.
Act 50 amended subsec. (c).
References in Text.
The act of June 25, 1941 (P.L.159, No.87), known as the Municipal Borrowing Law, referred to in subsec. (c), was repealed by the act of July 12, 1972 (P.L.781, No.185).
The act of July 12, 1972 (P.L.781, No.185), known as the Local Government Unit Debt Act, referred to in subsec. (c), was repealed by the act of December 19, 1996 (P.L.1158, No.177).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8003 - Advertisement and effectiveness of ordinances

§ 8003. Advertisement and effectiveness of ordinances.
(a) Advertisement of ordinances.--
Notwithstanding any other statute to the contrary, an ordinance required to be adopted by this subpart shall be advertised not less than three nor more than 30 days prior to its enactment. The advertisement shall appear once in a newspaper of general circulation in the area of the local government unit, shall set forth a summary of the contents of the ordinance and shall state that a copy of the full proposed text thereof may be examined by any citizen in the office of the secretary of the local government unit at the address and during the reasonable hours stated in the advertisement.
(b) Notice of enactment.--
Not later than 15 days after the final enactment of the ordinance, a notice of the enactment shall be advertised once in a newspaper of general circulation in the local government unit. This notice shall state:
(1) Briefly, the substance of any amendments made during final passage and, where applicable:
(i) in respect of lease rental debt, the range of lease rental payments; and
(ii) in other cases, the price bid for bonds or notes and the range of interest rates named in the successful bid.
(2) That the final text of the ordinance as enacted may be examined by any citizen in the office of the secretary of the local government unit at the address and during the reasonable hours stated in the notice.
(c) Effectiveness of ordinance.--
The ordinance shall be valid and effective for all purposes on the fifth day after the second advertisement. The second advertisement shall be conclusive, so far as concerns the effectiveness of the ordinance or the validity of any debt incurred, as to the existence of all matters recited or referred to therein unless an action questioning the validity or effectiveness has been filed in timely manner as provided in this subpart, but the conclusiveness shall not affect the liability of any person for failure to permit inspection. No other or different publication shall be required, notwithstanding the provisions of any other statute.
Cross References.
Section 8003 is referred to in sections 8002, 8281, 8284 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8004 - When lease or other agreement evidences acquisition of capital asset

§ 8004. When lease or other agreement evidences acquisition of capital asset.
(a) General rule.--
A lease, guaranty, subsidy contract or other agreement entered into by a local government unit shall evidence the acquisition of a capital asset if:
(1) the lessee or obligor is a local government unit and the lessor or obligee is an authority organized under any law of this Commonwealth, another local government unit, a nonprofit corporation, the State Public School Building Authority or other agency or authority of the Commonwealth;
(2) the payments, or any portion thereof, which are payable in a subsequent fiscal year or subsequent fiscal years and which are applicable to debt service requirements or capital costs are payable, whether in all events or only upon the happening of certain events, under the terms of the instrument from the tax or general revenues of the local government unit; and
(3) upon termination of the lease guaranty, subsidy contract or other agreement or upon dissolution of the lessor or obligee, whether before or after the termination of the lease, title to the subject project or premises or a given part thereof or undivided interest therein shall or, at the option of the local government unit, may vest by agreement or operation of law in the local government unit or in the Commonwealth.
(b) Agreement exceeding useful life of asset.--
A lease, guaranty, subsidy contract or other form of agreement entered into by a local government unit shall also evidence the acquisition of a capital asset if the payments to be made in a subsequent fiscal year or subsequent fiscal years applicable to debt service requirements or capital costs are payable, whether in all events or only upon the happening of certain events, under the provisions of the instrument from the tax or general revenues of the local government unit and the term of the instrument is equal to or exceeds the useful life of the asset, regardless of the nature of the lessor or obligee.
Cross References.
Section 8004 is referred to in section 8002 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8005 - Classification and authority to issue bonds and notes

§ 8005. Classification and authority to issue bonds and notes.
(a) Classification.--
Bonds or notes prior to the authorization thereof shall be classified by the issuing local government unit as one of the following three types of obligation:
(1) General obligation bonds or notes.
(2) Guaranteed revenue bonds or notes.
(3) Revenue bonds or notes.
(b) Guaranteed revenue bonds or notes.--
Guaranteed revenue bonds or notes may have either a general or a limited guaranty as the governing body of the local government unit may determine, but, if the guaranty is less than a full unconditional guaranty, the title of the bond or note shall contain the word "limited" before the word "guaranteed." The guaranty of the local government may be of its own revenue bonds or notes or of the revenue bonds or notes of an authority or another local government unit subject, however, to the provisions of subsection (c).
(c) Authority to issue bonds and notes.--
Notwithstanding any other law to the contrary, every local government unit shall have full power and authority to issue bonds or notes, and make guaranties, leases, subsidy contracts or other agreements evidencing the acquisition of capital assets payable out of taxes and other general revenues, to provide funds for and towards the cost of or the cost of completing any project or combination of projects which the local government unit is authorized to own, acquire, subsidize, operate or lease or to participate in owning, acquiring, subsidizing, operating or leasing with others, to issue tax anticipation notes and funding bonds or notes as provided in this subpart and to contract for insurance covering the risks of nonpayment of principal, interest and premium of bonds, notes, tax anticipation notes and guaranties.
(d) Nature of guaranty.--
For the purpose of this subpart, unless debt evidenced by a guaranty has been approved as electoral debt in accordance with Subchapter C (relating to procedure for securing approval of electors), the guaranty shall be deemed to be nonelectoral debt if the local government unit guaranties its own bonds or notes and shall be deemed to be lease rental debt if it guaranties the bonds or notes of an authority or another local government unit. For the purpose of all other statutes, the guaranty shall be deemed to create debt or indebtedness of the local government unit making the guaranty.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8006 - Preliminary cost estimates

§ 8006. Preliminary cost estimates.
Prior to the initial authorization of bonds or notes or the issuance of any guaranty to finance any project involving construction or acquisition, the governing body shall obtain realistic cost estimates through actual bids, option agreements or professional estimates from registered architects, professional engineers or other persons qualified by experience. Any local government unit may retain the services of a financial advisor. Costs of preliminary estimates and the fees of financial advisors may, if initially paid by the local government unit, be reimbursed out of the net proceeds of the issue of bonds or notes as a cost of the project.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8007 - Cost of project

§ 8007. Cost of project.
The cost of a project includes the amount of all payments to contractors or for the acquisition of a project or for lands, easements, rights and other appurtenances deemed necessary for the project, fees of architects, engineers, appraisers, consultants, financial advisors and attorneys incurred in connection with the project financing costs, costs of necessary printing and advertising, costs of preliminary feasibility studies and tests, cost estimates and interest on money borrowed to finance the project, if capitalized, to the date of completion of construction and, if deemed necessary, for one year thereafter, amounts to be placed in reserve funds, if any, a reasonable initial working capital for operating the project and a proper allowance for contingencies and any amount which constitutes, under generally accepted accounting principles, a cost of, and which has been determined by an independent actuary or other expert to be required for the purposes of, a reserve or a contribution toward a combined reserve, pool or other arrangement for losses or liabilities covered by a self-insurance arrangement established by one or more local government units.
Cross References.
Section 8007 is referred to in sections 5602, 8002 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8008 - Home rule

§ 8008. Home rule.
(a) General rule.--
Every local government unit obtaining a home rule charter after July 12, 1972, shall be subject to the substantive provisions of this subpart applicable to it as if it were a local government unit and may adopt the procedural provisions of this subpart, by incorporation thereof by reference, in its home rule charter.
(b) Referendum requirements.--
The home rule charter of a county may establish limitations pertaining to incurring debt without the approval of electors which are more restrictive than the provisions contained in section 8022 (relating to limitations on incurring of other debt).
(Oct. 24, 2012, P.L.1286, No.160, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8009 - Guaranty funds and compulsory associations

§ 8009. Guaranty funds and compulsory associations.
(a) Self-insurance.--
No self-insurance program funded pursuant to this subpart shall be required or permitted to join or contribute financially to any insurance insolvency guaranty fund, or similar mechanism, in this Commonwealth, nor shall any such self-insurance program funded pursuant to this subpart, or its insureds or claimants against its insureds, receive any benefit from any such fund for claims arising under the coverage provided by such self-insurance program.
(b) Exception.--
When a local government unit or group of local government units obtains insurance from a self-insurance program funded pursuant to this subpart, such risks, wherever resident or located, shall not be covered by any insurance guaranty fund or similar mechanism in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8021 - No limitation on debt approved by electors

§ 8021. No limitation on debt approved by electors.
All debt of any classification, whenever incurred, which is approved, either before or after the debt is incurred, by majority of the votes cast upon the question of incurring the debt at a general or special election held as provided by applicable law is excluded from the nonelectoral debt or the lease rental debt, as the case may be, of a local government unit, and the limitations imposed by this subpart upon the debt of the classification shall not apply to such debt.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8023 - Transfer to electoral debt of debt incurred without approval of electors

§ 8023. Transfer to electoral debt of debt incurred without approval of electors.
The governing body of any local government unit may, by resolution, signify a desire to have any debt theretofore incurred without the approval of the electors transferred to the electoral debt. The resolution shall direct the holding of an election for the purpose of obtaining the approval of the electors to the debt in the manner provided for securing the approval of electoral debt. The question shall be whether the remaining unpaid debt incurred without the approval of the electors for the project named in the question shall be removed from the category of nonelectoral or lease rental debt. If a majority of the votes cast upon the question at the election favor transfer to electoral debt, a certified copy of the resolution, proof of due advertisement of the election and a certified return of the election shall be filed with the department. If the department finds the proceedings to have been taken in conformity with the law, it shall endorse its approval on a duplicate original and return it to the local government unit. The debt shall thereupon be no longer classified as nonelectoral or lease rental debt.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8025 - Exclusion of self-liquidating debt evidenced by revenue bonds or notes to determine net nonelectoral debt

§ 8025. Exclusion of self-liquidating debt evidenced by revenue bonds or notes to determine net nonelectoral debt.
Self-liquidating debt evidenced by revenue bonds or notes shall not be excluded from nonelectoral debt for the purpose of establishing net nonelectoral debt until the following have been filed with the department:
(1) A statement by the proper officials of the local government unit certifying the amount of the debt, the project for which it was incurred and the nature of the revenues from which the debt is to be repaid.
(2) A certificate from a qualified professional engineer or architect, or other person qualified by experience appropriate to the project, estimating the revenues and operating expenses of the project and showing that the net revenues so estimated will be sufficient to pay the annual debt service as it falls due.
(3) An opinion of the bond counsel approving the issue to the effect that the holders of the bonds or notes have no claim upon the taxing power or tax revenues of the local government unit issuing the bonds or notes, but only claims upon the specific revenues pledged and rights to the enforcement of any covenants as to the levying or collection of rates and charges for the use of the project being financed or any covenants as to the assessment of benefits upon properties serviceable by the project as provided in the covenants with the holders of the revenue bonds.
Cross References.
Section 8025 is referred to in sections 8022, 8201, 8211 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8027 - Effect of debt limitations on outstanding debt

§ 8027. Effect of debt limitations on outstanding debt.
Notwithstanding anything in other law or in this subpart, this subpart shall not be construed to invalidate any debt which was lawful when incurred or which could have been lawfully incurred if this subpart had been in effect, whether incurred before or after the passage of this subpart, and the percentage limitations set forth in section 8022 (relating to limitations on incurring of other debt) shall be deemed increased to the extent necessary to cover such incurred debt. This subpart shall not be construed to subject any debt incurred and voted upon prior to July 12, 1972, as electoral debt to any of the limitations herein imposed by this subpart on nonelectoral debt.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8029 - Determination of debt limits

§ 8029. Determination of debt limits.
Whenever it is necessary to determine the limitations on the amount of nonelectoral debt or nonelectoral debt plus lease rental debt that may be incurred by any local government unit, the appropriate percentage limitations of section 8022 (relating to limitations on incurring of other debt) shall be applied to the borrowing base of the local government unit. The certificate as to the borrowing base shall be made a part of all proceedings for the sale of bonds or notes, for the guaranty of authority obligations or for the incurring of lease rental debt and a copy shall be filed with the department as a part of all proceedings required to be filed for its approval. The borrowing base set forth in the certificate and a similar certificate as to net nonelectoral debt or net lease rental debt outstanding shall be conclusive as to the respective figures for the purposes of this subpart, upon the approval of the proceedings by the department, unless contested within the specified time limits as provided in this subpart.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8041 - Desire resolution and expense of certain elections

§ 8041. Desire resolution and expense of certain elections.
(a) Resolution.--
Whenever the governing body of any local government unit shall determine that it is advisable to make an increase in the debt of the local government unit with the assent of the electors or to obtain the assent of the electors to transfer any debt previously incurred without the approval of the electors to electoral debt, it shall adopt a resolution signifying that determination, calling an election for the purpose of obtaining the assent and approving the content and substantial form of notice of election.
(b) Date of election.--
The date fixed shall be that of a municipal, general, primary or special election for other purposes, but, if the date of the nearest of the elections is more than 90 or less than 30 days from the effective date of the desire resolution, the governing body may fix a date for a special election.
(c) Payment of expense of special election.--
In the case of a special election to increase debt not held concurrently with an election for other purposes, the expense of holding the election shall be paid by the local government unit for whose benefit it is held.
Cross References.
Section 8041 is referred to in section 8043 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8042 - Advertisement of election

§ 8042. Advertisement of election.
(a) General rule.--
Notice of the election shall be given in one but not more than two newspapers of general circulation in the local government unit and in the legal journal, if any, designated by the rules of court of the county in which the local government unit is located for the publication of legal notices and advertisements. If only newspaper publication is done, the notice shall be published three times at intervals of not less than three days, but, if published in a weekly newspaper and in the legal journal, it shall be published only twice, once a week for two successive weeks. The first publication in at least one newspaper shall be not less than 14 nor more than 21 days before the election, but all publications shall be after the effective date of the resolution and need not be upon the same dates in different newspapers.
(b) Content of election notice.--
The election notice shall contain and state:
(1) The date upon which the election is to be held.
(2) The estimated amount of the debt to be incurred or to be approved by the electors if already incurred.
(3) The project for which the debt will be or was incurred.
(4) The estimated cost of the project.
(5) The question to be submitted to the electors at the election, which shall be substantially in the following appropriate form:
Shall debt in the sum of (insert amount) dollars for the purpose of financing (insert brief description of project) be (authorized to be incurred as) (transferred from nonelectoral debt to) debt approved by the electors?
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8043 - Conduct of election

§ 8043. Conduct of election.
(a) Certification of resolution and question.--
The governing body, at least 45 days before any election called pursuant to section 8041 (relating to desire resolution and expense of certain elections), shall cause to be certified to the county board of elections of each county in which the election is to be held a copy of the desire resolution and the form of the question to be submitted to the electors.
(b) Regulation of election.--
An election called pursuant to section 8041 shall be held at the place, during the hours and under the same regulations as provided by law for the holding of municipal elections. In receiving, counting and making returns of the votes cast, the inspectors, judges and clerks of the election shall be governed by the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
(c) Qualification of electors.--
At the elections, only qualified electors of the local government unit, the debt of which is to be increased or approved by the electors, may vote.
(d) Election returns.--
The election officers and clerks shall make return on forms provided by the county board of elections of the votes cast on the question to the county board of elections. The county board of elections shall compute the vote and transmit a certified return thereof to the governing body of the local government unit, which shall enter the same on its minutes. If the certified return shows that a majority of those voting on the question have voted in favor thereof, irrespective of any other statute requiring a greater percentage, the local government unit shall file with the department a certified copy of the desire resolution, the certified return and proofs of publication of the notice of election, whereupon the amount of the debt so approved shall constitute electoral debt from the date of the election, subject to the provisions of section 8044 (relating to finality of result of election).
Cross References.
Section 8043 is referred to in section 8049 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8044 - Finality of result of election

§ 8044. Finality of result of election.
Any interested party or any taxpayer may contest the validity of any election proceedings under this subchapter by filing with the court a complaint in equity specifically alleging any errors complained of in the proceedings, and the petitioner shall have the burden of proof. If no complaint has been filed or if a complaint has been filed and has been finally dismissed, the election shall be conclusively deemed to be valid. If, prior to the timely filing of a complaint, further proceedings in connection with the incurring of the debt have been filed with the department, then any contest shall proceed by way of an appeal from the action of the department upon the proceedings. The petition or appeal provided by this section shall be the party's or the taxpayer's sole and exclusive remedies.
Cross References.
Section 8044 is referred to in section 8043 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8045 - Effect of defeat of question

§ 8045. Effect of defeat of question.
If at the election the question is defeated, another election for the same purpose may not be held until 155 days have elapsed since the prior election. During the interim, no bonds or notes may be issued and no lease rental debt may be incurred for such purpose, except that nonelectoral or lease rental debt may be incurred if required to complete projects already under construction, to finance a different portion or portions of a capital budget or to evidence debt incurred for purposes and pursuant to a court approval obtained in accordance with section 8022(e) (relating to limitations on incurring of other debt).
Cross References.
Section 8045 is referred to in section 8022 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 80 - General Provisions › Section 8046 - Issuance of bonds, notes or other instruments to evidence electoral debt

§ 8046. Issuance of bonds, notes or other instruments to evidence electoral debt.
If at the election the question is approved, the governing body shall issue bonds or notes as electoral debt as obligations of the local government unit or shall authorize execution and delivery of an instrument which, but for the electoral approval, would evidence lease rental debt at the times and evidencing the amounts of obligations not exceeding in the aggregate the estimated amount approved by the electors, subject to the provisions of Subchapter C of Chapter 81 (relating to provisions of bonds and notes). The bonds, notes or obligations shall continue for such term as may have been stated in the notice of election or, if none was stated, for the term the governing body determines. The initial series may be of bond anticipation notes or of notes to be refunded by a bond issue. If the governing body determines it advisable, the initial series of bonds or notes constituting a part of the issue may be for a shorter term of years, with the maturity of subsequent series stated to mature later than the last stated maturity of the preceding series for the same project. This subchapter shall not preclude the issue of additional nonelectoral debt or lease rental debt to complete the project or the issue of additional electoral debt for that purpose if authorized by a subsequent election.