AN ACT. Relating to counties of the first, second class A, third, fourth, fifth, sixth, seventh and eighth pittwburgh amending, revising, consolidating and changing the laws relating thereto; relating to imposition of excise taxes by counties, including authorizing imposition of an excise tax on the rental of motor vehicles by counties of the first class; and providing for regional renaissance initiatives.
Title amended Oct. Article I.
County code, the
Article II. Article III. Article IV. Article V. Article VI. Article VII.
Article VIII. Article IX. Article X. Article XI.
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Article XII. Article XIII.
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Article XIV. Article XV. Article XVI. Article XVII. Article XIX. Article XIX-A.
Article XX. Article XXI. Article XXII. Article XXIV. Article XXV.
Article XXVI. Article XXX.
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The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:. Section Short Title.
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Commonwealth, 64 A. Excluded Provisions. VII Subpt.
B relating to indebtedness and borrowing. I relating to public utility code. Section 6 of Act provides that the amendment is to apply retroactively to real property assessments for taxes levied and collected for fiscal periods of political subdivisions beginning pennshlvania or after January 1,and section 4 prohibits the amendment from being interpreted either pennsylvabia authorizing, ratifying, or affirming any assessment of s or structures as real property, or as creating an implication that The General County Assessment Law, the act of May 22, P.
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Saving Clause. The repeal by this act of any provisions of law, shall not revive any law ly repealed or superseded, nor affect the existence or class of any county ly created. The provisions of this act shall not affect any act done, liability incurred, or right accrued or vested, nor affect any suit or prosecution, pending or to be instituted, to enforce any right or penalty, or punish any offense under the authority of the repealed laws.
All local acts applying to particular counties, not specifically repealed, shall continue in force, and any provisions of this act inconsistent with local laws shall not apply to the counties affected by the local laws, unless the application is clearly indicated. The repeal of the "Second Class County Code" as it relates to second class A counties by section of this act shall not be construed as modifying or repealing any term of office, power, ordinance, rule or regulation of home rule counties or counties of the second class A existing on the effective date of this subsection.
Holding of Office. Construction of References. Constitutional Construction.
It is hereby declared as a legislative intent that this act would have been adopted by the General Assembly had the unconstitutional provisions not been included within this act. Legislation According to Class. All laws adopted by the General Assembly for one or more of the classes fixed and appointed by this act shall be deemed to be general laws. The rent remitted shall be applied to the amount of tax owed to the county, along with any interest or penalties due, until the claim is paid in full.
If, after fifteen days of the date or dates specified in the notice, the property owner fails to remit the rental income, the county may immediately begin the judicial sale process provided for in the Municipal Claim and Tax Lien Law. Proceedings for Recovery of Penalties. Magisterial district judges shall not have jurisdiction of any suit or action for the recovery of any penalty imposed by this act for official misconduct.
Such suit or action, when brought in the court of common pleas, shall have preference for trial over all other actions. To each judgment obtained for the taxes or municipal claim, there shall be added a penalty of ten per centum, interest at the prevailing legal rate and costs of suit. Upon judgment, execution may be issued without any stay or benefit of any exemption law. Publication of Legal Notices.
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If notice is required to be published in more than one newspaper, it shall be published in at least one newspaper of general circulation, printed, if there is such a newspaper, or circulating generally in the county, as provided above. All ordinances, auditors' reports, controllers' reports, or advertisements, inviting proposals for public contracts and for bids for materials and supplies, shall be published only in newspapers of general circulation.
Corporate Powers. Enumeration of Counties. General Powers. The official acts of the commissioners shall be authenticated with the seal. The commissioners may prescribe the form of the seal. Vesting of Corporate Power. Counties Divided Into Nine Classes. Section 8 of Act provided that prior to January 1,the Governor shall notify, in accordance with section bthe board of county commissioners of the amendment of section and of the effect of that amendment.
Ascertainment, Certification and Effect of Change of Class. It is the intent of this section that the classification of any county shall not be changed because its population has decreased at the time of one United States decennial census, because it is recognized that a change in the form of local government is attended by certain expense and hardship, and the change should not be occasioned by a temporary fluctuation in population, but rather only after it is demonstrated by two censuses that the population of a county has remained below the minimum figure of its class for at least a decade.
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In the municipal election following the certification of change of class and preceding the effective date of the change, the proper of persons shall be elected to fill any elective office which will exist in the county by the change of classification certified. No election shall be held for any office which will be abolished pehnsylvania a result of a change of classification.
Petition to Commonwealth Court. The deated court shall sit in its home county.
All actions by or against a county shall be conducted by vuddy board of commissioners. Compensation, Assistants and Expenses. Assistants shall also be reimbursed for budfy necessary expenses incurred while employed by the commission. Oath; Organization and Duties. It shall select from its fufk a chairman and also a secretary who shall keep a full record of the proceedings and work of the commission. The commission shall advertise in not more than two newspapers published in each of the counties concerned, a time and place of meeting, when and where parties interested shall be heard.
After the hearing, it shall, without unreasonable delay, ascertain the location, and survey and mark with permanent monuments the existing county line between such counties. Section 1 of Act 76 amended 53 Pa. Authority to Fix Undetermined Pittwburgh Line. In either case, the map or draft shall also show the lands through which said line passes and the buildings in close proximity thereto, together with the ro and streams crossed by or near to such line.
The line so ascertained, surveyed and fixed and so marked shall, as of the date of the certification, be the boundary line between the counties.
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Enumeration of Elected Officers. In the case of a county commissioner or auditor, there shall be a vacancy which shall be filled as provided in this act. This section does not create any office in any county where such office does not now exist. Proceedings under this subsection shall be in accordance piittsburgh the provisions of the act of June 3, P.
The referendum shall not take place in any year in which the office of jury commissioners is on the ballot. Upon approval of the resolution, the office of jury commissioner shall expire at the completion of the current jury commissioners' terms of office.
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Incompatible Offices. This section shall not apply to members of the National Guard or other reserve component of the armed forces not called into active duty. Oath of Office. Any person refusing to take said oath or affirmation shall forfeit pennsylavnia office.
Any person who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury. Officers to Have Commissions Recorded. No officer shall execute any of the duties of office until the commission has been delivered. Location of Offices, Records and Papers.
The approval of the president judge shall be required if records are in the custody of agencies of the court of common pleas, the clerk of courts, the prothonotary, the register of wills and the clerk of the orphans' court.