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Municipalities Generally - 53 Pa. Cons. Stat.

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PART I. PRELIMINARY PROVISIONS
Chapter 1. General Provisions

• § 101.  Short title of title.
  This title shall be known and may be cited as the General Local Government Code. ...

Chapter 3. Preemptions

• § 301.  Tobacco.
  (a) General rule.--Except as set forth in subsection (b), the provisions of 18 Pa.C.S. § 6305 (relating to sale of tobacco) shall preempt and supersede ...

PART II. CREATION, TERRITORY, ALTERATION AND
DISSOLUTION
Chapter 7. Alteration of Territory or Corporate Entity and
Dissolution
Subchapter C. Consolidation and Merger

• § 731.  Short title of subchapter.
  This subchapter shall be known and may be cited as the Municipal Consolidation or Merger Act. ...
• § 732.  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 ...
• § 733.  Procedure for consolidation or merger.
  Two or more municipalities may be consolidated or merged into a single municipality, whether within the same or different counties, if each of the municipalities ...
• § 734.  Joint agreement of governing bodies.
  (a) General rule.--The governing body of each municipality to be consolidated or merged shall enter into a joint agreement under the official seal of each ...
• § 735.  Initiative of electors seeking consolidation or merger without new home rule charter.
  § 735. Initiative of electors seeking consolidation or merger without new home rule charter. (a) General rule.--In order for consolidation or merger proceedings to be ...
§ 735.1. Initiative of electors seeking consolidation or merger
with new home rule charter.


• § 736.  Conduct of referenda.
  (a) Duty to place on ballot.--Following initiation of proceedings for consolidation or merger by the procedures set forth either in section 734 (relating to joint ...
• § 737.  Consolidation or merger agreement.
  (a) Form.--Upon favorable action by the electorate on consolidation or merger, in cases where consolidation or merger was initiated by petition of electors under section ...
• § 738.  Effectuation of consolidation or merger.
  Municipalities consolidated or merged shall continue to be governed as before consolidation or merger until the date stipulated in the transitional plan and schedule provided ...
• § 739.  Effect of transition on employees of consolidated or merged municipality.
  § 739. Effect of transition on employees of consolidated or merged municipality. (a) Transition.--As of the date when a consolidated or merged municipality shall begin ...
• § 740.  Procedures.
  (a) Ordinance book.--After consolidation becomes effective, a new ordinance book shall be used by the municipality, and, except for a municipality consolidated or merged under ...
• § 741.  Court review of transitional plan.
  (a) General rule.--Except as provided in subsection (b), after the approval of a referendum pursuant to section 736 (relating to conduct of referenda), any person ...

Chapter 9. Municipal Reapportionment

• § 901.  Short title and scope of chapter.
  (a) Short title of chapter.--This chapter shall be known and may be cited as the Municipal Reapportionment Act. (b) Scope of chapter.--This chapter applies to ...
• § 902.  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 ...
• § 903.  Reapportionment by governing body.
  (a) General rule.--Within the year following that in which the Federal census, decennial or special, is officially and finally reported and at such other times ...
• § 904.  Reapportionment by court upon petition.
  (a) Petition.--If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, ...
• § 905.  Compensation of commissioners and payment of costs.
  (a) Compensation of commissioners.--The commissioners appointed by the court shall each receive compensation for their services as the court shall fix. (b) Payment of costs ...
• § 906.  Contest of reapportionment by governing body.
  (a) General rule.--In the event there has been a reapportionment by the governing body pursuant to section 903(a) (relating to reapportionment by governing body) or ...
• § 907.  Costs and expenses of contest.
  (a) General rule.--All cost and expenses incurred in a proceeding described in section 906 (relating to contest of reapportionment by governing body) challenging a reapportionment ...
• § 908.  Retention in office and new elections.
  (a) Retention of existing members in office.--The members of the governing body in office at the time of the reapportionment shall retain their offices until ...

PART III. GOVERNMENT AND ADMINISTRATION
SUBPART A. GENERAL PROVISIONS

Chapter 11. General Provisions
Subchapter A. (Reserved)
Subchapter B. Emergency Seat of Government

• § 1121.  Scope of subchapter.
  This subchapter applies to all political subdivisions. ...
• § 1122.  Establishment and designation.
  Whenever, due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient ...
• § 1123.  Exercise of powers and functions.
  During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of a ...
• § 1124.  Applicability of subchapter.
  The provisions of this subchapter shall control, in the event it shall be employed, notwithstanding any statutory charter or ordinance provision to the contrary or ...

Subchapter C. Emergency Succession of Officers

• § 1131.  Scope of subchapter.
  This subchapter applies to all municipalities. ...
• § 1132.  Declaration of policy.
  Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness and in order, in the event of such an ...
• § 1133.  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 ...
• § 1134.  Enabling authority for emergency interim successors for local offices.
  § 1134. Enabling authority for emergency interim successors for local offices. With respect to local offices for which the legislative bodies of municipalities may enact ...
• § 1135.  Emergency interim successors for local officers.
  This section is applicable to officers of municipalities not included in section 1134 (relating to enabling authority for emergency interim successors for local offices). Each ...
• § 1136.  Formalities of taking office.
  Prior to taking up the duties to which they may temporarily succeed, emergency interim successors shall take an oath as may be required for the ...
• § 1137.  Succession period.
  Emergency interim successors may exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack has occurred. ...
• § 1138.  Term and removal of designees.
  Until the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this ...
SUBPART B. GOVERNING BODY

Chapter 13. General Provisions
Subchapters A through E (Reserved)

Subchapter F. Records

• § 1381.  Short title and scope of subchapter.
  (a) Short title of subchapter.--This subchapter shall be known and may be cited as the Municipal Records Act. (b) Scope of subchapter.--This subchapter applies to ...
• § 1382.  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 ...
• § 1383.  Disposition of public records.
  Public records may be disposed of if the disposition is in conformity with schedules and regulations which are promulgated by the committee as established by ...
• § 1384.  Proposed retention and disposal schedules.
  The commission, in cooperation with the several associations of municipal officials and related Commonwealth agencies, shall make a study of public records and shall prepare ...
• § 1385.  Local Government Records Committee.
  (a) Establishment.--There shall be established under the commission the Local Government Records Committee which shall consist of the Auditor General, the State Treasurer, the General ...
• § 1386.  Effect of approval of schedule.
  (a) Disposition generally.--Whenever a schedule is approved by the committee, a copy shall be filed with the commission which shall, through appropriate means, notify the ...
• § 1387.  Nonliability of official.
  An official shall not be held liable on his official bond for damages for loss or in any other manner, civil or criminal, because of ...
• § 1388.  Recording and copying records.
  (a) Authorized methods.--Records may be recorded or copied in conformance with section 1 of the act of May 9, 1949 (P.L.908, No.250), entitled "An act ...
• § 1389.  Applicability of other statutes.
  This subchapter is intended as a supplement to existing statutes. The existing statutes which provide for destruction may be utilized by officials in lieu of ...

Subchapter G. Miscellaneous Provisions

• § 1391.  Acceptance of gifts or donations.
  (a) General rule.--In addition to all other powers conferred by law, a municipality may receive in trust, and its governing body may control for the ...
SUBPART C. EXECUTIVE DEPARTMENTS, OFFICERS AND

EMPLOYEES

Chapter 21. Employees
Subchapters A. through C. (Reserved)

Subchapter D. Municipal Police Education and Training

• § 2161.  Establishment of program and scope of subchapter.
  (a) Municipal police officers' education and training program.--The commission shall establish a municipal police officers' education and training program in accordance with the provisions of ...
• § 2162.  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 ...
• § 2163.  Commission members.
  (a) Selection.--The commission shall be composed of 20 members as follows: (1) The following members shall serve by virtue of their office: (i) The Commissioner ...
• § 2164.  Powers and duties of commission.
  The powers and duties of the commission shall be as follows: (1) To establish and administer the minimum courses of study for basic and in-service ...
• § 2165.  Meetings and quorum of commission.
  The commission shall meet at least four times each year. Special meetings may be called by the chairman of the commission or upon written request ...
• § 2166.  Applicability to civil service laws.
  This subchapter shall not be construed to exempt any police officer or other officer or employee from the provisions of the existing civil service or ...
§ 2166.1. Prohibition on political activity (Repealed).

• § 2167.  Police training.
  (a) General rule.--All municipalities of this Commonwealth or groups of municipalities acting in concert and all colleges and universities shall be required to train all ...
• § 2168.  Automatic certification.
  (a) General rule.--All police officers, including deputy sheriffs in counties of the second class, hired prior to June 18, 1974, shall be automatically certified for ...
• § 2169.  In-service training by existing personnel.
  The requirements of section 2164(7) (relating to powers and duties of commission) shall apply to every police officer. ...
• § 2170.  Reimbursement of expenses.
  (a) General rule.--The commission shall provide for reimbursement to each municipality of the entire amount of the allowable tuition and the ordinary and necessary living ...
• § 2171.  Payment of certain county costs.
  Counties of the second class shall be liable for costs incurred for the certification of deputy sheriffs. The costs shall not exceed the sum per ...

Subchapter E. Employee Benefits

• § 2181.  Health insurance ordinances.
  An ordinance adopted by a municipality which requires or the effect of which is to require the provision of health insurance or other employee health ...
SUBPART D. AREA GOVERNMENT AND INTERGOVERNMENTAL

COOPERATION

Chapter 23. General Provisions
Subchapter A. Intergovernmental Cooperation

• § 2301.  Scope of subchapter.
  This subchapter applies to all local governments. ...
• § 2302.  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 ...
• § 2303.  Intergovernmental cooperation authorized.
  (a) General rule.--Two or more local governments in this Commonwealth may jointly cooperate, or any local government may jointly cooperate with any similar entities located ...
• § 2304.  Intergovernmental cooperation.
  A municipality by act of its governing body may, or upon being required by initiative and referendum in the area affected shall, cooperate or agree ...
• § 2305.  Ordinance.
  A local government may enter into intergovernmental cooperation with or delegate any functions, powers or responsibilities to another governmental unit or local government upon the ...
• § 2306.  Initiative and referendum.
  (a) Initiative.--An initiative under this subchapter shall be commenced by filing with the appropriate election officials at least 90 days prior to the next primary ...
• § 2307.  Content of ordinance.
  The ordinance adopted by the governing body of a local government entering into intergovernmental cooperation or delegating or transferring any functions, powers or responsibilities to ...
• § 2308.  Bids for certain joint purchases.
  All joint purchases involving an expenditure of more than $10,000 shall be made by contract, in writing, only after notice for bids once a week ...
• § 2309.  Direct purchases.
  In addition to joint purchases authorized by section 2308 (relating to bids for certain joint purchases), local governments may make direct purchases from vendors or ...
• § 2310.  Joint purchases with private educational establishments.
  § 2310. Joint purchases with private educational establishments. Any local government may, by ordinance, authorize joint purchases of materials, supplies and equipment with any private ...
• § 2311.  Written or telephonic price quotations required.
  Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts that exceed $4,000 but are less ...
• § 2312.  Division of transactions provided.
  No local government shall evade the provisions of section 2308 (relating to bids for certain joint purchases) as to advertising for bids or purchasing materials ...
• § 2313.  Penalty.
  Any member of a governing body of a local government who votes to unlawfully evade the provisions of section 2308 (relating to bids for certain ...
• § 2314.  Review of agreement by Local Government Commission.
  Every agreement between a local government and the Commonwealth, any other state, government of another state or the Federal Government under the provisions of this ...
• § 2315.  Effect of joint cooperation agreements.
  Any joint cooperation agreement shall be deemed in force as to any local government when the agreement has been adopted by ordinance by all cooperating ...
• § 2316.  Recognition by Commonwealth departments and agencies.
  All Commonwealth departments and agencies in the performance of their administrative duties shall deem a council of governments, consortiums or other similar entities established by ...

Subchapter B. Environmental Advisory Councils

• § 2321.  Scope of subchapter.
  This subchapter applies to all municipal corporations. ...
• § 2322.  Establishment of environmental advisory council.
  The governing body of any municipal corporation or group of two or more municipal corporations may by ordinance establish an environmental advisory council to advise ...
• § 2323.  Composition and organization of council.
  (a) Composition.--An environmental advisory council shall be composed of no less than three nor more than seven residents of the municipal corporation establishing the council, ...
• § 2324.  Powers and duties of council.
  (a) General rule.--An environmental advisory council shall have the power to: (1) Identify environmental problems and recommend plans and programs to the appropriate agencies for ...
• § 2325.  Records and reports.
  An environmental advisory council shall keep records of its meetings and activities and shall make an annual report which shall be printed in the annual ...
• § 2326.  Appropriations for expenses of council.
  The governing body of any municipal corporation establishing an environmental advisory council may appropriate funds for the expenses incurred by the council. Appropriations may be ...
• § 2327.  Status of existing agencies unaffected.
  This subchapter shall not be construed to require a municipal corporation to abolish an existing commission with a related responsibility or to prevent its establishment. ...
• § 2328.  Assistance from State Conservation Commission.
  The State Conservation Commission shall establish a program of assistance to environmental advisory councils that may include educational services, exchange of information, assignment of technical ...
• § 2329.  Assistance from Department of Community and Economic Development.
  § 2329. Assistance from Department of Community and Economic Development. The Department of Community and Economic Development shall establish a program of assistance to environmental ...

Subchapter C. Regional Planning

• § 2341.  Short title and scope of subchapter.
  (a) Short title of subchapter.--This subchapter shall be known and may be cited as the Regional Planning Law. (b) Scope of subchapter.--This subchapter applies to ...
• § 2342.  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 ...
• § 2343.  Declaration of policy.
  For the purpose of promoting health, safety, morals and the general welfare of the regions in this Commonwealth through effective development, the powers set forth ...
• § 2344.  Establishment and organization of regional planning commission.
  § 2344. Establishment and organization of regional planning commission. (a) General rule.--The governing body of two or more municipalities may, by ordinance or resolution, authorize ...
• § 2345.  Finances, staff and program.
  (a) General rule.--The governing bodies of municipalities may appropriate funds for the purpose of contributing to the operation of the commission. The commission may, with ...
• § 2346.  Commission to prepare master plan.
  The commission shall prepare a master plan, and the surveys and studies essential thereto, for the guidance of the physical development of the region. ...
• § 2347.  Cooperation between commission, municipalities and others.
  § 2347. Cooperation between commission, municipalities and others. The commission shall encourage the cooperation of the municipalities within the region in matters which concern the ...
• § 2348.  Interstate participation.
  Whenever a regional planning commission has been or is being established to serve the Pennsylvania portion of an area which, for planning purposes, constitutes a ...

Chapter 25. Environmental Improvement Compacts
Subchapter A. Preliminary Provisions

• § 2501.  Short title and scope of chapter.
  (a) Short title of chapter.--This chapter shall be known and may be cited as the Environmental Improvement Compact Act. (b) Scope of chapter.--This chapter applies ...
• § 2502.  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 ...

Subchapter B. Initiative

• § 2511.  Proposal by electors.
  A referendum on the question of the creation of an environmental improvement compact may be initiated by electors of two or more municipalities as provided ...
• § 2512.  Initiative petition.
  (a) Filing.--A petition containing a proposal for referendum on the question of adopting an environmental improvement compact on one or more municipal functions, signed by ...
• § 2513.  Review of initiative petition.
  The election officials shall, within ten days after filing, review the initiative petition as to the number and qualifications of signers. If the petition appears ...
• § 2514.  Petition as public record.
  The initiative petition as submitted to the election officials along with the list of signatories shall be open to public inspection in the office of ...
• § 2515.  Distribution of petition.
  When the election officials find that the petition as submitted is in proper order, they shall send copies of the initiative petition without signatures thereon ...

Subchapter C. Municipal Referendum Ordinance

• § 2521.  Referendum ordinance.
  The governing bodies of two or more municipalities may, by ordinance in each municipality, provide for a referendum on the question of adopting an environmental ...
• § 2522.  Filing of referendum ordinance.
  (a) Election officials.--The referendum ordinance shall be filed with the election officials at least 90 days prior to the next primary or general election. (b) ...
• § 2523.  Notice to governing bodies of referendum date.
  The election officials shall notify the governing bodies of the municipalities involved of the date set for the referendum election on the proposal at least ...

Subchapter D. Referendum

• § 2531.  Referendum procedures.
  (a) Authorization.--A referendum on the question of the adoption of an environmental improvement compact shall be held when initiated by electors of the municipalities in ...
• § 2532.  Placing question on ballot.
  When the election officials find the ordinances authorized by the governing bodies of the municipalities or the initiative petition as submitted by the electors meets ...
• § 2533.  Date of election.
  The election officials shall certify the date for the referendum and shall so notify the governing bodies of the municipalities at least 30 days prior ...
• § 2534.  Public notice of referendum.
  At least 30 days' notice of the referendum shall be given by proclamation of the mayors of the cities, boroughs or incorporated towns, by the ...
• § 2535.  Approval.
  Approval of a referendum for the adoption of an environmental improvement compact shall be by a majority vote of those voting in each municipality involved. ...
• § 2536.  Results of election.
  The election officials shall certify the results of the referendum to the governing bodies and the Department of Community and Economic Development. (May 5, 1998, ...

Subchapter E. Election of Board

• § 2541.  Election of board.
  (a) Petition for election.--If a referendum for the adoption of an environmental improvement compact is approved by a majority of voters in each municipality involved, ...
• § 2542.  Nomination of candidates.
  Candidates for membership on the board shall be electors of the municipalities involved. Each shall be nominated by nomination papers signed by a number of ...
• § 2543.  Election returns.
  The result of the votes cast for members of the board at the municipal election shall be returned by the election officials to the governing ...

Subchapter F. Organization of Board

• § 2551.  Membership of board.
  The board shall be composed of five, seven or nine members as provided in Subchapter E (relating to election of board). ...
• § 2552.  Compensation of board.
  A majority of all the members of the governing bodies of the municipalities involved shall set the annual compensation for the members of the board. ...
• § 2553.  Organization of board.
  On the first Monday of January following the municipal election, members of the board shall assemble at a designated meeting place and shall organize by ...
• § 2554.  Secretary and treasurer of board.
  (a) Secretary.--The board shall appoint a secretary who shall keep the records and minutes of the board proceedings, maintain a record of other official activities ...
• § 2555.  Purposes and powers of board.
  (a) Status and purposes.--Every board created under this chapter shall be a body corporate and politic and shall be for the purpose of acquiring, holding, ...
SUBPART E. HOME RULE AND OPTIONAL PLAN GOVERNMENT

Chapter 29. General Provisions
Subchapter A. Preliminary Provisions

• § 2901.  Short title and scope of subpart.
  (a) Short title of subpart.--This subpart shall be known and may be cited as the Home Rule Charter and Optional Plans Law. (b) Scope of ...
• § 2902.  Definitions.
  Subject to additional definitions contained in subsequent provisions of this subpart which are applicable to specific provisions of this subpart, the following words and phrases ...

Subchapter B. Procedure for Adoption of Home Rule Charter or
Optional Plan of Government

• § 2911.  Submission of question for election of government study commission.
  SUBCHAPTER B PROCEDURE FOR ADOPTION OF HOME RULE CHARTER OR OPTIONAL PLAN OF GOVERNMENT Sec. 2911. Submission of question for election of government study commission. ...
• § 2912.  Election of members of commission.
  (a) General rule.--A governmental study commission of seven, nine or eleven members, as designated in the question, shall be elected by the qualified voters at ...
• § 2913.  Nomination of candidates.
  (a) General rule.--All candidates for the government study commission shall be electors. Each candidate shall be nominated by nomination papers signed by a number of ...
• § 2914.  Results of election.
  The result of the votes cast for and against the question as to the election of a government study commission shall be returned by the ...
• § 2915.  Oath of office of members of commission.
  (a) Members elected on countywide basis.--As soon as possible and in any event no later than ten days after its certification of election, the members ...
• § 2916.  First meeting of commission.
  (a) Procedure.--As soon as possible and in any event no later than 15 days after its certification of election, the government study commission shall organize ...
• § 2917.  Vacancies.
  In case of a vacancy in the government study commission, the remaining members of the commission shall fill it by appointing thereto some other properly ...
• § 2918.  Function and duty of commission.
  The government study commission shall study the form of government of the municipality to compare it with other available forms under the laws of this ...
• § 2919.  Compensation and personnel.
  (a) Compensation and expenses of members.--Members of the government study commission shall serve without compensation, but shall be reimbursed by the municipality for their necessary ...
• § 2920.  Hearings and public forums.
  The government study commission shall hold one or more public hearings, may hold private hearings and sponsor public forums and generally shall provide for the ...
• § 2921.  Report of findings and recommendations.
  (a) General rule.--The government study commission shall report its findings and recommendations to the citizens of the municipality within nine months from the date of ...
• § 2922.  Discharge of petition and amended reports.
  (a) General rule.--The government study commission shall be discharged upon the filing of its report, but, if the commission's recommendations require further procedure in the ...
• § 2923.  Types of action recommended.
  The government study commission shall report and recommend in accordance with the question presented to the electorate as provided in section 2911 (relating to submission ...
• § 2924.  Specificity of recommendations.
  (a) Optional plan of government.-- (1) If the government study commission report recommends the adoption or the amendment of any of the optional plans of ...
• § 2925.  Form of question on form of government.
  The question to be submitted to the voters for the adoption of a home rule charter or any of the optional plans of government authorized ...
• § 2926.  Submission of question on form of government.
  If the government study commission recommends that the question of adopting a home rule charter or one of the optional plans of government authorized by ...
• § 2927.  Limitation on enactment of ordinance or filing of petition.
  § 2927. Limitation on enactment of ordinance or filing of petition. (a) General rule.--An ordinance may not be passed and a petition may not be ...
• § 2928.  Time when change of form of government takes effect.
  Whenever the electors by a majority of those voting on the question vote in favor of adopting a change in their form of government pursuant ...
• § 2929.  Limitation on changing new form of government.
  The voters of any municipality which has adopted a home rule charter or an optional plan of government pursuant to this subpart may not vote ...
• § 2930.  Status of forms of government provided in subpart.
  For the purposes of this subpart, each of the optional forms of government provided by this subpart and each of those optional forms as modified ...

Subchapter C. Amendment of Existing Charter or Optional Plan

• § 2941.  Procedure for amendment of charter or optional plan.
  (a) Procedure.--The procedure for amending a home rule charter or optional plan of government shall be through the initiative procedure and referendum or ordinance of ...
• § 2942.  Initiation of amendment by electors or council.
  A referendum on the question of amendment of a home rule charter or an optional plan of government may be initiated by petition of the ...
• § 2943.  Petition for referendum or ordinance proposing amendment.
  § 2943. Petition for referendum or ordinance proposing amendment. (a) Filing.--A petition containing a proposal for referendum on the question of amending a home rule ...
• § 2944.  Time and manner of submission of question.
  A referendum on the question of the amendment of a home rule charter or an optional plan of government shall be held when the election ...

Subchapter D. Conduct of Election

• § 2951.  Conduct and results of election.
  All elections provided for in this subpart shall be conducted by the election officials for such municipality in accordance with the act of June 3, ...
• § 2952.  Notice of election.
  At least 30 days' notice of each election provided for under this subpart shall be given by the clerk or secretary of the municipality. A ...

Subchapter E. General Powers and Limitations of Home Rule
Charter Municipalities

• § 2961.  Scope of powers of home rule.
  A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania, by ...
• § 2962.  Limitation on municipal powers.
  (a) Powers granted by statute.--With respect to the following subjects, the home rule charter shall not give any power or authority to the municipality contrary ...
• § 2963.  Exercise of municipal powers by home rule county.
  A county which has adopted a home rule charter shall not at any time thereafter exercise within any municipality in the county a power or ...
• § 2964.  General powers of municipalities.
  Municipalities adopting a home rule charter shall have the power to: (1) Sue and be sued. (2) Have a corporate seal. (3) Contract and be ...
• § 2965.  Recording and filing of charter.
  The municipal clerk or secretary shall have the new charter as approved by the qualified electors recorded in the ordinance books and shall also file ...
• § 2966.  Continuation of office of existing elective officials.
  All elective officials in office at the time of the adoption of a home rule charter shall continue in office until their terms expire. ...
• § 2967.  Repeal of home rule charter.
  (a) General rule.--The procedure for repeal of a home rule charter shall be the same as for adoption of a home rule charter. Whenever the ...

Subchapter F. General Provisions and Limitations for
Optional Plan Municipalities

• § 2971.  Law applicable to optional plan.
  Upon the adoption by the electors of any of the optional plans of government as set forth in this subpart, the municipality shall thereafter be ...
• § 2972.  Recording and filing of plan.
  The municipal clerk or secretary shall immediately cause the new plan of government as adopted to be recorded in the ordinance book of the municipality ...
• § 2973.  Scope of powers of optional plan.
  The general grant of municipal power under this subpart is intended to confer the greatest power of self government consistent with the Constitution of Pennsylvania ...
• § 2974.  Limitation on powers of optional plan.
  The optional plan of any municipality adopted in accordance with this subpart shall not give any power or authority to diminish any rights or privileges ...

Subchapter G. Miscellaneous Provisions

• § 2981.  Limitation on local municipality.
  No local municipality within a county shall supersede or exercise any power, function or service presently exercised by the county. ...
• § 2982.  Retention of existing form of government.
  Each municipality which does not adopt a home rule charter or an optional plan under this subpart shall retain its existing form of government as ...
• § 2983.  Retention of existing form of government when electors disapprove proposal.
  § 2983. Retention of existing form of government when electors disapprove proposal. In case the electors of any municipality disapprove a proposal to adopt a ...
• § 2984.  Assumption of functions previously assumed by other municipality.
  § 2984. Assumption of functions previously assumed by other municipality. (a) Assumption of indebtedness.--A municipality assuming a function previously performed by another municipality under the ...

Chapter 30. Types of Optional Plans of Government
Subchapter A. Executive (Mayor) - Council Plan A

• § 3001.  Designation and applicability of plan.
  The form of government provided in this subchapter shall be known as the "Executive (Mayor) - Council Plan A" and shall, together with the laws ...
• § 3002.  Officers and employees.
  Each municipality under this subchapter shall be governed by an elected council, an elected executive who may be called mayor, as determined by the government ...
• § 3003.  Election and term of office of officials.
  The executive (mayor), the treasurer, if elected, the district attorney in the case of counties and the controller, if elected, shall be elected by the ...
• § 3004.  Election and term of office of council members.
  The council shall consist of five members unless, under the authority granted under section 2924 (relating to specificity of recommendations), the municipality shall be governed ...
• § 3005.  First election of council members.
  At the first municipal election following the adoption of this plan, council members shall be elected and shall serve for the terms as provided in ...
• § 3006.  Legislative power vested in council.
  The legislative power of the municipality as provided by laws applicable to that class of municipality shall be exercised by the municipal council, except as ...
• § 3007.  Organization of council.
  On the first Monday of January following the regular municipal election, the members of council shall assemble at the usual place of meeting, organize and ...
• § 3008.  Powers of council concerning officers and agencies.
  The council, in addition to other powers and duties as may be conferred upon it by general law, may require any municipal officer to prepare ...
• § 3009.  Appointment and duties of municipal clerk or secretary.
  A municipal clerk or secretary shall be appointed in the manner set forth in the administrative ordinance as provided pursuant to section 3146 (relating to ...
• § 3010.  Executive power vested in executive.
  The executive power of the municipality shall be exercised by the executive (mayor). ...
• § 3011.  Powers and duties of executive.
  The executive (mayor) shall enforce the plan and ordinances of the municipality and all general laws applicable to them. The executive shall, annually, report to ...
• § 3012.  Approval or veto of ordinances.
  (a) General rule.--Ordinances adopted by the council shall be submitted to the executive (mayor) who shall, within ten days after receiving any ordinance, either approve ...
• § 3013.  Mayor, departments and department heads.
  (a) Inability of executive to perform duties.--The executive (mayor) shall designate any department head to act as executive (mayor) whenever the executive (mayor) shall be ...
• § 3014.  Department of administration.
  (a) Department heads.--Where a department of administration is established, it shall be headed by a director. The director shall be chosen solely on the basis ...
• § 3015.  Budget.
  The municipal budget shall be prepared by the executive (mayor) with the assistance of the director of the department of administration or other officer designated ...
• § 3016.  Form and adoption of budget.
  The budget shall be in the form required by council and shall have appended to it a detailed analysis of the various items of expenditure ...
• § 3017.  Amended budget.
  During January next following any municipal election, the executive (mayor) may submit an amended budget to council. Council shall consider it in the same manner ...
• § 3018.  Council amendments to budget.
  Council may amend the budget during January next following any municipal election. Final adoption of the amended budget shall be completed by February 15 of ...

Subchapter B. Executive (Mayor) - Council Plan B

• § 3031.  Designation and applicability of plan.
  The form of government provided in this subchapter shall be known as the "Executive (Mayor) - Council Plan B" and shall, together with Subchapter F ...
• § 3032.  Departments.
  The municipality shall have a department of administration and shall have such other departments as council may establish by ordinance. The administrative functions, powers and ...
• § 3033.  Mandatory department of administration.
  Under Executive (Mayor) - Council Plan B a department of administration shall be established. ...

Subchapter C. Executive (Mayor) - Council Plan C

• § 3041.  Designation and applicability of plan.
  The form of government provided in this subpart shall be known as the "Executive (Mayor) - Council Plan C" and shall, together with Subchapter F ...
• § 3042.  Powers and duties of executive.
  The executive (mayor) shall enforce the plan and ordinances of the municipality and all general laws applicable thereto. The executive shall, annually, report to the ...
• § 3043.  Appointment and duties of managing director.
  (a) General rule.--The executive (mayor) shall appoint, with the advice and consent of the council, a managing director who shall supervise the departments of government ...

Subchapter D. Council-Manager Plan

• § 3051.  Designation and applicability of plan.
  The form of government provided in this subchapter shall be known as the "Council-Manager Plan" and shall, together with Subchapter F of Chapter 29 (relating ...
• § 3052.  Officers and employees.
  Each municipality under this subchapter shall be governed by an elected council, one member of which shall be the mayor or president of council or ...
• § 3053.  Election and term of office of elected officials.
  The district attorney in the case of counties and the treasurer and controller, if provided for and if elected, shall be elected by the electors ...
• § 3054.  Election and term of office of council members.
  The municipal council shall consist of five members unless, under the authority granted pursuant to section 2924 (relating to specificity of recommendations), the municipality shall ...
• § 3055.  First election of council members.
  At the first municipal election following the adoption by a municipality of this charter plan, council members shall be elected and shall serve for the ...
• § 3056.  Selection of mayor, council president or chairman.
  (a) General rule.--On the first Monday of January following the municipal election, the members of the municipal council shall assemble at the usual place of ...
• § 3057.  Appointment and duties of municipal clerk or secretary.
  A municipal clerk or secretary shall be appointed in the manner set forth in the administrative ordinance as provided in section 3146 (relating to passage ...
• § 3058.  Powers and duties of council.
  (a) General rule.--All powers as provided by laws applicable to that class of municipality shall be vested in the municipal council, except as otherwise provided ...
• § 3059.  Qualifications of municipal manager.
  The municipal manager shall be chosen by the council on the basis of his executive and administrative qualifications. At the time of his appointment, he ...
• § 3060.  Removal of municipal manager from office.
  The municipal manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least 30 days ...
• § 3061.  Inability of municipal manager to perform duties.
  The municipal manager may designate a qualified administrative officer of the municipality to perform his duties during his temporary absence or disability. In the event ...
• § 3062.  Powers and duties of municipal manager.
  The municipal manager shall have the following powers and duties: (1) To be the chief executive and administrative official of the municipality. (2) To execute ...
• § 3063.  Preparation and adoption of budget.
  The municipal manager shall submit to council his recommended budget, together with any explanatory comment or statement he deems desirable. The budget shall be in ...
• § 3064.  Amended budget.
  During January next following any municipal election, council may request the manager to submit an amended budget to council which shall consider it in the ...

Subchapter E. Small Municipality Plan

• § 3071.  Designation and applicability of plan.
  The form of government provided in this subchapter shall be known as the "Small Municipality Plan." It may be adopted by any municipality having a ...
• § 3072.  Officers.
  Each municipality shall be governed by an elected executive (mayor) and council members, an elected district attorney in the case of counties and, if so ...
• § 3073.  Election of council members.
  The council shall consist of the executive (mayor), who shall be elected at large, and two council members unless pursuant to the authority granted under ...
• § 3074.  Organization of council.
  On the first Monday of January following the regular municipal election, the members of the council shall assemble at the usual place of meeting and ...
• § 3075.  Powers and duties of council.
  The legislative power of the municipality shall be exercised by the council, except as may be otherwise provided by general law. A majority of the ...
• § 3076.  Municipal clerk or secretary, solicitor and agencies.
  (a) Municipal clerk or secretary.--A municipal clerk or secretary shall be appointed in the manner set forth in the administrative ordinance, as provided pursuant to ...
• § 3077.  Powers and duties of executive.
  The executive power of the municipality shall be exercised by the executive (mayor). The executive shall see that all laws and ordinances in force and ...
• § 3078.  Appointment of officers and employees by executive.
  The executive (mayor) shall appoint subordinate officers and employees with the advice and consent of council under procedures established in section 3122 (relating to appointment ...
• § 3079.  Preparation and adoption of budget.
  The municipal budget shall be prepared by the executive (mayor) and shall be submitted to council in the form required by council. The budget as ...
• § 3080.  Amended budget.
  During the month of January next following any municipal elections, the executive (mayor), upon his own initiative or at the request of council, may submit ...

Subchapter F. Optional County Plan

• § 3091.  Designation and applicability of plan.
  The form of government provided in this subpart shall be known as the "Optional County Plan" and shall, together with Subchapter F of Chapter 29 ...
• § 3092.  County officers.
  (a) Enumeration.--The county officers shall be as follows: (1) County commissioner. (2) Controller or auditor. (3) District attorney. (4) Public defender. (5) Treasurer. (6) Sheriff. ...
• § 3093.  Powers.
  All county officers may exercise those powers granted by general law to county offices of the class of county to which it belongs. ...
• § 3094.  Additional options for election of county sheriff.
  A government study commission created and constituted as provided in Subchapter B of Chapter 29 (relating to procedure for adoption of home rule charter or ...
• § 3095.  Approval of plan.
  If the optional plan, including an additional option or options as provided in section 3091 (relating to designation and applicability of plan), is approved by ...

Chapter 31. General Provisions Common to Optional Plans
Subchapter A. Officers and Employees

• § 3101.  Adverse interest in contracts for purchase or services.
  (a) General rule.--If a municipal officer or official elected or appointed knows or by the exercise of reasonable diligence should know that he is interested ...
• § 3102.  Acceptance of services at more favorable terms.
  An officer or employee shall not accept or receive, directly or indirectly, from any person operating within the territorial limits of a municipality any interurban ...
• § 3103.  Gift or promise of thing of value to influence political support.
  § 3103. Gift or promise of thing of value to influence political support. (a) General rule.--A candidate for office, appointment or employment or an officer, ...
• § 3104.  Refusal or failure to appear or testify before court.
  Any person elected or appointed to any office or position in a municipality governed under this subpart who, after lawful notice or process, willfully refuses ...

Subchapter B. Treasurer

• § 3111.  Selection and duties of municipal treasurer.
  (a) General rule.--Under any of the optional plans as set forth in this subpart, except for the plan set forth in Subchapter F of Chapter ...

Subchapter C. Appointment Power and Personnel

• § 3121.  Appointment of members of boards and commissions.
  The appointment power of the chief executive of the municipality under any of the plans authorized by this subpart shall include the appointment of members ...
• § 3122.  Appointment of subordinate officers and employees.
  (a) General rule.--Appointments and promotions of subordinate officers and employees within departments shall be made by the department head on the basis of a personnel ...

Subchapter D. Filling Vacancies in Elected Office

• § 3131.  Applicability of subchapter.
  This subchapter shall apply to the filling of vacancies in elected office in all optional plans and options except those set forth in Subchapter F ...
• § 3132.  Manner of filling vacancies in office.
  (a) Members of council.-- (1) If a vacancy exists in the municipal council, the municipal council shall, by a majority of its remaining members, fill ...

Subchapter E. Legislation by Council

• § 3141.  Regular and special meetings of council.
  The council shall, by ordinance or resolution, designate the time of holding regular meetings which shall be at least monthly. The executive (mayor) or the ...
• § 3142.  Procedure and functions of council.
  (a) Rules of procedure.--Council shall determine its own rules of procedure, not inconsistent with ordinance or statute. A majority of the whole number of members ...
• § 3143.  Adoption of ordinances.
  (a) General rule.--Except as may otherwise be provided in this subpart, all ordinances shall be adopted and published as provided by law. Any ordinance may ...
• § 3144.  Recording and compilation of ordinances and resolutions.
  § 3144. Recording and compilation of ordinances and resolutions. The municipal clerk or secretary shall record all ordinances and resolutions adopted by council and, at ...
• § 3145.  Filing and publication of rules and regulations.
  No rule or regulation made by any department, officer, agency or authority of the municipality, except as it relates to the organization or internal management ...
• § 3146.  Passage of administrative ordinance.
  The council shall prepare and pass an administrative ordinance which shall provide for the manner of appointment of a solicitor, clerk or secretary, may create ...

Subchapter F. Audit and Control

• § 3151.  Exercise of financial management control functions.
  The council shall provide by separate ordinance or in the administrative ordinance for the exercise of a control function in the management of the finances ...
• § 3152.  Post audits by independent auditor.
  The council may provide for annual post audits of all accounts by an independent auditor who shall be a certified public accountant registered in this ...
• § 3153.  Selection of controller.
  Under any of the optional plans as set forth in this subpart, except for the plans set forth in Subchapter F of Chapter 30 (relating ...

Subchapter G. Transition to Optional Plan Government

• § 3161.  Applicability of plan.
  Whenever the electors of a municipality adopt any of the optional plans provided by this subpart at any election for that purpose, the municipality shall ...
• § 3162.  Status and term of office of officials.
  (a) Existing elected official.--Any elected municipal official in office at the time of the adoption of any optional plan provided by this subpart shall continue ...
• § 3163.  Compensation of elected officials.
  (a) Officials elected prior to transition year.--The annual compensation of the executive (mayor) and council members elected to their offices in the year prior to ...
• § 3164.  Status of existing ordinances and resolutions.
  On the effective date of an optional plan adopted pursuant to this subpart, all ordinances and resolutions of the municipality to the extent that they ...
• § 3165.  Abolishment of existing appointive offices.
  (a) General rule.--On the effective date of an optional plan adopted pursuant to this subpart, all appointive offices then existing in such municipality shall be ...
• § 3166.  Pending actions and proceedings.
  All actions and proceedings of a legislative, executive or judicial character, pending upon the effective date of an optional plan, may continue. The appropriate officer ...

Subchapter H. Repeal of Optional Plan

• § 3171.  Repeal of optional plan and establishment of new form of government.
  SUBCHAPTER H REPEAL OF OPTIONAL PLAN Sec. 3171. Repeal of optional plan and establishment of new form of government. § 3171. Repeal of optional plan ...

PART V. PUBLIC IMPROVEMENTS, UTILITIES AND SERVICES
SUBPART A. GENERAL PROVISIONS

Chapter 54. Business Improvement Districts

• § 5401.  Short title and scope of chapter.
  (a) Short title of chapter.--This chapter shall be known and may be cited as the Business Improvement District Act. (b) Scope of chapter.--This chapter applies ...
• § 5402.  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 ...
• § 5403.  Powers of governing body.
  The governing body of every municipal corporation shall have the power: (1) To establish within the municipal corporation an area or areas designated as a ...
• § 5404.  Administrative services provided by cities of the second class.
  § 5404. Administrative services provided by cities of the second class. In addition to the powers of the governing body established in section 5403 (relating ...
• § 5405.  Assessment authorized.
  The governing body may impose an assessment on each benefited property within a business improvement district which shall be determined by the total cost of ...
• § 5406.  Method and payment of assessment.
  (a) Method.--The total cost of the administrative services or improvements in the district shall be assessed to all of the benefited properties in the district ...

Chapter 55. Parking Authorities

• § 5501.  Scope of chapter.
  This chapter deals with parking authorities. ...
• § 5502.  Declaration of policy.
  The General Assembly finds and declares as follows: (1) Residential decentralization in municipalities has been accompanied by an ever-increasing trend in the number of persons ...
• § 5503.  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 ...
• § 5504.  Method of incorporation.
  (a) Procedure.-- (1) If a legislative body desires to organize an authority under this chapter, it shall adopt a resolution or ordinance signifying intention to ...
• § 5505.  Purposes and powers.
  (a) General.-- (1) The authority shall constitute a public body corporate and politic, exercising public powers of the Commonwealth as an agency of the Commonwealth. ...
• § 5506.  Bonds.
  (a) Authorization.-- (1) A bond must be authorized by resolution of the board. The resolution must specify all of the following: (i) Series. (ii) Date ...
• § 5507.  Bondholders.
  (a) Rights and remedies.--The rights and the remedies conferred upon bondholders under this section shall be in addition to and not in limitation of rights ...
• § 5508.  Governing body.
  (a) Scope.--This section does not apply to cities of the first class. (b) Board.-- (1) The powers of an authority shall be exercised by a ...
§ 5508.1. Special provisions for authorities in cities of the
first class.

§ 5508.2. Additional special provisions for authorities in
cities of the first class; mixed-use projects.

§ 5508.3. Restrictions on authorities in cities of the first
class.


• § 5509.  Acquisition of lands.
  (a) Authorization.-- (1) Except as set forth in paragraph (2), the authority has the power to acquire by purchase or eminent domain proceedings either the ...
• § 5510.  Money of authority.
  (a) Treasurer.-- (1) Except as otherwise provided in this chapter, all money of an authority from whatever source derived shall be paid to the treasurer ...
§ 5510.1. Management of authority funds in cities of the
first class.

§ 5510.2. Special funds in cities of the first class.
§ 5510.3. Bonds in cities of the first class.
§ 5510.4. Contracts with obligees of an authority in
cities of the first class.

§ 5510.5. Commonwealth pledges in cities of the first class.
§ 5510.6. Provisions of bonds and trust indentures in cities of
the first class.

§ 5510.7. Funds collected on behalf of a municipality (Deleted
by amendment).

§ 5510.8. Bonds to be legal investments.
§ 5510.9. Validity of pledge.
§ 5510.10. Security interest in funds and accounts.
§ 5510.11. Limitation on authority under Federal bankruptcy
code.


• § 5511.  Competition in award of contracts.
  (a) Services.-- (1) Except as set forth in paragraph (2), all construction, reconstruction, repair or work of any nature made by an authority if the ...
• § 5512.  Use of projects.
  (a) Regulations.--Subject to subsection (b), the use of the facilities of the authority and the operation of its business shall be subject to the regulations ...
• § 5513.  Pledge by Commonwealth.
  (a) Power of authorities.--The Commonwealth pledges to and agrees with any person, firm or corporation or Federal agency subscribing to or acquiring the bonds to ...
• § 5514.  Termination of authority.
  (a) Conveyance of projects.--When an authority has finally paid and discharged all bonds, with interest due, which have been secured by a pledge of any ...
• § 5515.  Exemption from taxation; payments in lieu of taxes.
  The effectuation of the authorized purposes of authorities created under this chapter shall be for the benefit of the residents of municipalities, for the increase ...
• § 5516.  Transfer of existing facilities to authority.
  (a) Authorization.--Any county, city, borough, town or township or any owner is authorized to sell, lease, lend, grant or convey to an authority a project ...
• § 5517.  Severability.
  The provisions of this chapter are severable. If any provision of this chapter or its application to any person or circumstance is held invalid, the ...

Chapter 56. Municipal Authorities

• § 5601.  Short title of chapter.
  This chapter shall be known and may be cited as the Municipality Authorities Act. ...
• § 5602.  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 ...
• § 5603.  Method of incorporation.
  (a) Resolution of intent.--Whenever the municipal authorities of any municipality singly or of two or more municipalities jointly desire to organize an authority under this ...
• § 5604.  Municipalities withdrawing from and joining in joint authorities.
  § 5604. Municipalities withdrawing from and joining in joint authorities. (a) Power to withdraw.--When an authority has been incorporated by two or more municipalities, any ...
• § 5605.  Amendment of articles.
  (a) Purpose.--An authority may amend its articles for the following reasons: (1) To adopt a new name. (2) To modify or add a provision to ...
• § 5606.  School district projects.
  (a) Merger and consolidation authorized.--Any two or more existing authorities, all the projects of all of which are leased to the same school district, may ...
• § 5607.  Purposes and powers.
  (a) Scope of projects permitted.--Every authority incorporated under this chapter shall be a body corporate and politic and shall be for the purposes of financing ...
• § 5608.  Bonds.
  (a) Authorization.-- (1) A bond must be authorized by resolution of the board. The resolution may specify all of the following: (i) Series. (ii) Date ...
• § 5609.  Bondholders.
  (a) Rights and remedies.--The rights and the remedies conferred upon bondholders under this section shall be in addition to and not in limitation of rights ...
• § 5610.  Governing body.
  (a) Board.--The powers of each authority shall be exercised by a board composed as follows: (1) If the authority is incorporated by one municipality, the ...
• § 5611.  Investment of authority funds.
  (a) Powers.--The board shall have the power to: (1) Invest authority sinking funds in the manner provided for local government units by Subpart B of ...
• § 5612.  Money of authority.
  (a) Treasurer.--All money of any authority from whatever source derived shall be paid to the treasurer of the authority. (b) Report.--Every authority whose fiscal year ...
• § 5613.  Transfer of existing facilities to authority.
  (a) Authorization.--Any municipality, school district or owner may sell, lease, lend, grant, convey, transfer or pay over to any authority with or without consideration any ...
• § 5614.  Competition in award of contracts.
  (a) Services.-- (1) Except as set forth in paragraph (2), all construction, reconstruction, repair or work of any nature made by an authority if the ...
• § 5615.  Acquisition of lands, water and water rights.
  (a) Authorization.-- (1) Except as provided in paragraph (2), the authority shall have the power to acquire by purchase or eminent domain proceedings either the ...
• § 5616.  Acquisition of capital stock.
  (a) Acquisition.--In the event that the authority shall own 90% or more of all the outstanding capital stock entitled to vote upon liquidation and dissolution ...
• § 5617.  Use of projects.
  The use of the facilities of the authority and the operation of its business shall be subject to the rules and regulations as adopted by ...
• § 5618.  Pledge by Commonwealth.
  (a) Power of authorities.--The Commonwealth pledges to and agrees with any person, firm or corporation or Federal agency subscribing to or acquiring the bonds to ...
• § 5619.  Termination of authority.
  (a) Conveyance of projects.--When an authority has finally paid and discharged all bonds, with interest due, which have been secured by a pledge of any ...
• § 5620.  Exemption from taxation and payments in lieu of taxes.
  The effectuation of the authorized purposes of authorities created under this chapter shall be for the benefit of the people of this Commonwealth, for the ...
• § 5621.  Constitutional construction.
  The provisions of this chapter shall be severable, and if any of the provisions are held to be unconstitutional it shall not affect the validity ...
• § 5622.  Conveyance by authorities to municipalities or school districts of established projects.
  § 5622. Conveyance by authorities to municipalities or school districts of established projects. (a) Project.--If a project established under this chapter by a board appointed ...
• § 5623.  Revival of an expired authority.
  (a) Retroactive revival.--Upon the filing of the required municipal statements of revival with the Secretary of the Commonwealth and issuance of a certificate of revival, ...

Chapter 57. Taxicabs and Limousines in First Class Cities
Subchapter A. General Provisions

• § 5701.  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 ...
§ 5701.1. Legislative findings.

• § 5702.  Advisory committee.
  (a) Establishment.--There is hereby established an advisory committee to be known as the City of the First Class Taxicab and Limousine Advisory Committee. The authority ...
• § 5703.  Rates.
  (a) Rates to be just and reasonable.--Every rate made for authority-certified taxicab, limousine or medallion taxicab service shall be just and reasonable and in conformity ...
• § 5704.  Power of authority to require insurance.
  The authority may, by regulation or order, prescribe for a taxicab or limousine service requirements as it may deem necessary for the protection of persons ...
• § 5705.  Contested complaints.
  (a) Adjudication.--Contested complaints brought before the authority alleging violations of this chapter or rules and regulations promulgated by the authority pursuant to this chapter shall ...
• § 5706.  Driver certification program.
  (a) General rule.--The authority shall provide for the establishment of a driver certification program for drivers of taxicabs and limousines within cities of the first ...
• § 5707.  Budget and fees.
  (a) Initial budget and fees.--The authority shall complete an initial budget and fee schedule necessary to advance the purposes of this chapter. The fee schedule ...
• § 5708.  Fund.
  (a) Establishment.--The Philadelphia Taxicab and Limousine Regulatory Fund is established. The fund shall consist of the following accounts, which shall be kept separate and not ...
• § 5709.  Transfer of money from fund.
  All money in the First Class City Taxicab Regulatory Fund is appropriated to the Taxicab Account under section 5708(a)(1) (relating to fund) upon the effective ...

Subchapter B. Taxicabs

• § 5711.  Power of authority to issue certificates of public convenience.
  SUBCHAPTER B TAXICABS Sec. 5711. Power of authority to issue certificates of public convenience. 5712. Medallion system. 5713. Property and licensing rights. 5714. Certificate and ...
• § 5712.  Medallion system.
  (a) System.--There is a medallion system within cities of the first class in order to provide holders of certificates of public convenience which authorize citywide ...
• § 5713.  Property and licensing rights.
  (a) Property rights.--Medallions are property and may not be revoked or canceled by the authority. Medallions may be pledged to lenders or creditors as security ...
• § 5714.  Certificate and medallion required.
  (a) Procedure.--A vehicle may not be operated as a taxicab with citywide call or demand rights in cities of the first class unless a certificate ...
• § 5715.  Contested complaints (Deleted by amendment).
  § 5715. Contested complaints (Deleted by amendment). 2004 Deletion. Section 5715 was deleted by amendment July 16, 2004, P.L.758, No.94, effective immediately. ...
• § 5716.  Reissuance of medallion.
  Within 30 days of the close of each fiscal year, a medallion holder shall apply to obtain from the authority a reissued medallion for a ...
• § 5717.  Additional certificates and medallions.
  Subject to the limits established in section 5711(c) (relating to power of authority to issue certificates of public convenience), the authority may increase the number ...
• § 5718.  Restrictions.
  (a) Place of transaction.--A medallion may not be sold or transferred to another party unless the closing of the sales transaction occurs at authority offices ...
• § 5719.  Driver certification program (Deleted by amendment).
  § 5719. Driver certification program (Deleted by amendment). 2004 Deletion. Section 5719 was deleted by amendment July 16, 2004, P.L.758, No.94, effective immediately. ...
• § 5720.  Wages.
  (a) Minimum wage.--Each medallion holder shall pay at least a prevailing minimum wage rate or, in the alternative, charge at most a prevailing maximum lease ...
• § 5721.  Centralized dispatcher.
  In cities of the first class, all medallion holders shall utilize the services of a centralized dispatch system. Any owner of a centralized dispatch system ...
• § 5722.  Regulations.
  The authority may prescribe such rules and regulations as it deems necessary to govern the regulation of taxicabs within cities of the first class under ...
• § 5723.  Budget and fees (Deleted by amendment).
  § 5723. Budget and fees (Deleted by amendment). 2004 Deletion. Section 5723 was deleted by amendment July 16, 2004, P.L.758, No.94, effective immediately. ...
• § 5724.  Criminal penalties.
  For the purpose of this subchapter, any person or corporation convicted of: (1) a summary offense shall be sentenced to pay a fine of $500 ...
• § 5725.  Civil penalties.
  (a) General rule.--If any person or corporation subject to this subchapter shall violate any of the provisions of this subchapter or shall do any matter ...

Subchapter C. Limousines

• § 5741.  Certificate of public convenience required.
  (a) General rule.--In order to operate a limousine service within a city of the first class, the limousine service must have a certificate of public ...
§ 5741.1. Power of authority.

• § 5742.  Regulations.
  The authority is authorized to prescribe such rules and regulations as it deems necessary to administer and enforce the regulation of limousine service certified through ...
• § 5743.  Budget and fees (Deleted by amendment).
  § 5743. Budget and fees (Deleted by amendment). 2004 Deletion. Section 5743 was deleted by amendment July 16, 2004, P.L.758, No.94, effective immediately. ...
• § 5744.  Criminal penalties.
  For the purpose of this subchapter, any person or corporation convicted of: (1) a summary offense shall be sentenced to pay a fine of $500 ...
• § 5745.  Civil penalties.
  (a) General rule.--If any person or corporation subject to this subchapter shall violate any of the provisions of this subchapter or shall do any matter ...

Chapter 58. Contractors' Bonds and Financial Security for
Redevelopment Contracts (Repealed)
§ 5801 - § 5810 (Repealed).
Chapter 59. Pennsylvania Convention Center Authority (Repealed)
§ 5901 - § 5923 (Repealed).
Chapter 60. Optional Affordable Housing Funding
Subchapter A. Preliminary Provisions

• § 6001.  Scope of chapter.
  This chapter deals with optional affordable housing funding. ...
• § 6002.  Legislative purpose.
  The General Assembly intends to provide a method for counties and cities of the first class to raise revenues at the local level to enable ...
• § 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 ...

Subchapter B. Affordable Housing Programs and Funding 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 ...
• § 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 ...
• § 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 ...

Subchapter C. Affordable Housing Programs and Funding in Cities of
First Class

• § 6021.  Affordable housing programs fee in cities of first class.
  SUBCHAPTER C AFFORDABLE HOUSING PROGRAMS AND FUNDING IN CITIES OF FIRST CLASS Sec. 6021. Affordable housing programs fee in cities of first class. 6022. Disposition ...
• § 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) ...
• § 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 ...

PART VII. TAXATION AND FISCAL AFFAIRS
SUBPART B. INDEBTEDNESS AND BORROWING

Chapter 80. General Provisions
Subchapter A. Preliminary Provisions

• § 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 ...
• § 8002.  Definitions.
  (a) Classification of debt.--With respect to classifications of debt and subject to additional definitions contained in subsequent provisions of this subpart which are applicable to ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 8008.  Home 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 ...
• § 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, ...

Subchapter B. Limitations on Debt of Local Government Units

• § 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 ...
• § 8022.  Limitations on incurring of other debt.
  (a) Nonelectoral debt.--Except as provided in subsections (c), (d) and (e) and as otherwise specifically provided in this subpart, a local government unit shall not ...
• § 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 ...
• § 8024.  Exclusion of subsidized debt from net nonelectoral debt or net lease rental debt.
  § 8024. Exclusion of subsidized debt from net nonelectoral debt or net lease rental debt. (a) Filings with department.--Subsidized debt shall not be excluded from ...
• § 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 ...
• § 8026.  Exclusion of other self-liquidating debt to determine net nonelectoral debt or net lease rental debt.
  § 8026. Exclusion of other self-liquidating debt to determine net nonelectoral debt or net lease rental debt. (a) Filings with department.--Self-liquidating debt shall not be ...
• § 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 ...
• § 8028.  Determination of existing net nonelectoral debt and net nonelectoral plus net lease rental debt.
  § 8028. Determination of existing net nonelectoral debt and net nonelectoral plus net lease rental debt. (a) Gross nonelectoral and lease rental debt.--From the gross ...
• § 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 ...

Subchapter C. Procedure for Securing Approval of Electors

• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 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 ...
• § 8047.  Cancellation or termination of approval of electors.
  (a) Lapse of time.--On the tenth anniversary of the date on which an assent of the electors obtained under this subpart became final, the authority ...
• § 8048.  Limitation on use of proceeds of electoral debt.
  Where bonds or notes have been issued pursuant to an assent of the electors given under this subpart, the proceeds thereof shall be kept in ...
• § 8049.  Manner of changing purpose of electoral debt.
  If the governing body determines it to be advisable either before or after the issue of bonds or notes to use the proceeds or any ...

Chapter 81. Incurring Debt and Issuing Bonds and Notes
Subchapter A. General Provisions

• § 8101.  Combining projects for financing or series of bonds or notes for sale.
  CHAPTER 81 INCURRING DEBT AND ISSUING BONDS AND NOTES Subchapter A. General Provisions B. Tax Anticipation Notes and Funding Debt C. Provisions of Bonds and ...
• § 8102.  Preliminary authorizations as to financing.
  The governing body of a local government unit may express its intent to evidence debt as electoral debt, nonelectoral debt or lease rental debt. Action ...
• § 8103.  Ordinance authorizing issuance of bonds or notes or instruments evidencing lease rental debt.
  § 8103. Ordinance authorizing issuance of bonds or notes or instruments evidencing lease rental debt. (a) General rule.--The ordinance or ordinances or, in the case ...
• § 8104.  Covenant to pay bonds or notes or a guaranty.
  (a) General rule.--The local government unit shall, in the ordinance authorizing the issue of bonds or notes or a guaranty or in such bonds or ...
• § 8105.  Additional provisions in ordinance authorizing issuance of revenue or guaranteed revenue bonds or notes.
  § 8105. Additional provisions in ordinance authorizing issuance of revenue or guaranteed revenue bonds or notes. In addition to the provisions required or permitted by ...
• § 8106.  Sinking fund depository and trustee for bondholders or noteholders.
  § 8106. Sinking fund depository and trustee for bondholders or noteholders. (a) General rule.--Every local government unit issuing bonds or notes other than notes issued ...
• § 8107.  Award of bonds or notes.
  When an acceptable proposal for the purchase of the bonds or notes, or any part thereof offered separately, has been received and is in conformity ...
• § 8108.  Bond anticipation notes.
  (a) Issuance.--The governing body may evidence all or part of any electoral or nonelectoral debt by the issue of a series of bond anticipation notes. ...
• § 8109.  Small borrowing for capital purposes.
  (a) General rule.--Any local government unit may incur debt by resolution rather than by ordinance to be evidenced by notes to provide funds for a ...
• § 8110.  Debt statement.
  (a) General rule.--Before delivering any general obligation bonds or notes or guaranteed revenue bonds or notes constituting nonelectoral debt or before executing an instrument evidencing ...
• § 8111.  Submission to department.
  (a) General rule.--Before delivering any bonds or notes other than notes representing small borrowings issued under section 8109 (relating to small borrowing for capital purposes), ...
• § 8112.  Agreements with bondholders or noteholders.
  Except as otherwise specified in this subpart, a local government unit may enter into and perform contracts with the holders of its bonds or notes, ...
• § 8113.  Lost, stolen, destroyed or mutilated bonds or notes.
  (a) General rule.--If any temporary or definitive bond or note, including any tax anticipation note, lawfully issued under this subpart or under applicable law prior ...
• § 8114.  Evidence of signatures of holders and of ownership of bonds, notes and tax anticipation notes.
  § 8114. Evidence of signatures of holders and of ownership of bonds, notes and tax anticipation notes. Any request, consent or other instrument which may ...
• § 8115.  Contractual effect of ordinances and resolutions.
  Except as otherwise provided in any ordinance or resolution authorizing or awarding bonds or notes or tax anticipation notes, the terms thereof and of this ...
• § 8116.  Unfunded actuarial accrued liability - condition precedent.
  § 8116. Unfunded actuarial accrued liability - condition precedent. No bond or note issued to fund an unfunded actuarial accrued liability shall be valid or ...

Subchapter B. Tax Anticipation Notes and Funding Debt

• § 8121.  Power to issue tax anticipation notes.
  A local government unit may have power and authority, by resolution of its governing body, to borrow money from time to time in any fiscal ...
• § 8122.  Limitation on amount of tax anticipation notes.
  (a) General rule.--No local government unit shall authorize or issue tax anticipation notes in any one fiscal year which in the aggregate shall exceed 85% ...
• § 8123.  Maturity date and time of payment of interest.
  No tax anticipation notes shall be stated to mature beyond the last day of the fiscal year in which the tax anticipation notes are issued. ...
• § 8124.  Other terms of tax anticipation notes.
  Tax anticipation notes shall be issued in denominations, shall be subject to rights of prior redemption, shall have privileges of interchange and registration, shall be ...
• § 8125.  Security for tax anticipation notes and sinking fund.
  (a) General rule.--All tax anticipation notes issued in a single fiscal year shall be equally and ratably secured by the pledge of, security interest in ...
• § 8126.  Certification as to taxes and revenues to be collected.
  Prior to each authorization of tax anticipation notes, authorized officers of the local government unit shall make an estimate of the moneys to be received ...
• § 8127.  Sale of tax anticipation notes.
  Tax anticipation notes may be sold at public, private or invited sale as the governing body of the local government unit may determine. Any public ...
• § 8128.  Condition precedent to validity of tax anticipation notes.
  § 8128. Condition precedent to validity of tax anticipation notes. No tax anticipation note shall be valid or obligatory in the hands of an original ...
• § 8129.  Scope of unfunded debt.
  For the purpose of this subchapter, "unfunded debt" means obligations of the same or one or more prior years incurred for current expenses, including tax ...
• § 8130.  Approval by court to fund unfunded debt.
  (a) General rule.--Whenever the governing body of a local government unit shall be of the opinion that it has outstanding unfunded debt, it may, by ...

Subchapter C. Provisions of Bonds and Notes

• § 8141.  Form of bonds or notes.
  Bonds or notes may be issued in such denominations, in coupon form payable to bearer or registrable as to principal or in fully registered form, ...
• § 8142.  Limitations on stated maturity dates.
  (a) General rule.--No bonds or notes shall be issued with a stated maturity date exceeding the sooner to occur of: (1) Forty years from the ...
• § 8143.  Disposition of proceeds notwithstanding certain limitations.
  § 8143. Disposition of proceeds notwithstanding certain limitations. A local government unit which issues bonds or notes to fund an unfunded actuarial accrued liability shall ...
• § 8144.  Number of interest rates.
  A series of bonds or notes may have any number of interest rates or yields, subject to any limitation on such number fixed by the ...
• § 8145.  Place and medium of payment.
  Bonds or notes shall be payable in such coin or currency as at the respective dates of payment thereof shall be legal tender for the ...
• § 8146.  Execution of bonds or notes.
  Bonds or notes, including tax anticipation notes, shall be signed by such officers of the local government unit, and coupon bonds shall have attached thereto ...
• § 8147.  Pledge of revenues.
  The governing body of any local government unit which has determined to issue any revenue bonds or notes or any guaranteed revenue bonds or notes ...
• § 8148.  Deeds of trust and other agreements with bondholders and noteholders.
  § 8148. Deeds of trust and other agreements with bondholders and noteholders. (a) General rule.--A local government unit shall have the power to enter into ...
• § 8149.  Negotiable qualities of bonds and notes.
  (a) Securities.--Bonds or notes issued pursuant to this subpart, including tax anticipation notes, which have all the qualities and incidents of securities under Title 13 ...
• § 8150.  Temporary bonds or notes or interim receipts.
  Pending the preparation of definitive bonds or notes, including tax anticipation notes, temporary bonds or notes or interim receipts may be issued in such form ...

Subchapter D. Sale of Bonds and Notes

• § 8161.  Manner of sale of bonds or notes.
  (a) General rule.--Except as otherwise specifically provided in this subpart and subject to subsection (b), bonds or notes may be sold at public or private ...
• § 8162.  Contents of public advertisement and of official notice of sale.
  § 8162. Contents of public advertisement and of official notice of sale. (a) Advertisement.--The advertisement of the availability of the official notice of sale shall ...
• § 8163.  Proposals for purchase.
  Every bid or proposal for bonds or notes shall be in writing, shall be properly executed and, in the case of public sale, shall be ...
• § 8164.  Opening of bids.
  In the case of public sale, at the time and place fixed in the notice, the bids or proposal received shall be publicly opened by ...
• § 8165.  Determination of highest and best bid.
  (a) General rule.--The highest responsible bidder shall be the one who, having complied with the terms of the official notice of sale, offers to take ...
• § 8166.  Required bid security.
  In the case of public sale, bid security shall be given by each bidder, shall be in cash or by certified or official bank check ...
• § 8167.  Reserved right to reject bids.
  Every official notice of sale of bonds or notes shall provide that the right is reserved to the governing body of the local government unit ...
• § 8168.  Failure to receive conforming bid.
  If bonds or notes are advertised for public sale and no conforming bid is received or if all bids are returned unopened, then the local ...
• § 8169.  Determination of net interest cost and net interest rate.
  § 8169. Determination of net interest cost and net interest rate. (a) Net interest cost.--Net interest cost may be determined by using either the street ...

Chapter 82. Miscellaneous Provisions
Subchapter A. Department of Community and Economic
Development

• § 8201.  Certification to department of bond or note transcript or lease, guaranty, subsidy contract or other agreement.
  CHAPTER 82 MISCELLANEOUS PROVISIONS Subchapter A. Department of Community and Economic Development B. Sinking Funds and Other Funds and Accounts C. Refunding of Debt D. ...
• § 8202.  Filing of statements of noncompletion of sale with department.
  § 8202. Filing of statements of noncompletion of sale with department. If settlement for an issue of bonds or notes or bonds or notes representing ...
• § 8203.  Fees for filing.
  Every filing with the department shall be accompanied by a filing fee as determined in section 605-A of the act of April 9, 1929 (P.L.177, ...
• § 8204.  Certificate of approval of transcript.
  The department shall, upon receipt of any bond or note transcripts or other filings, carefully examine them to determine whether the debt outstanding and to ...
• § 8205.  Certificate of disapproval and correction of proceedings.
  § 8205. Certificate of disapproval and correction of proceedings. If the department, upon completion of its examination, finds it cannot issue a certificate of approval, ...
• § 8206.  Effect of failure of timely action by department.
  If the local government unit has submitted a filing to the department by certified mail, return receipt requested, or otherwise has an official receipt from ...
• § 8207.  Records of department.
  (a) Retention period.--The department shall keep all proceedings on file for a period of not less than four months after issuance of its certificate of ...
• § 8208.  Invalidity of instruments which are delivered without compliance with requirements or conditions precedent to issuance or delivery.
  § 8208. Invalidity of instruments which are delivered without compliance with requirements or conditions precedent to issuance or delivery. (a) General rule.--In all cases in ...
• § 8209.  Finality of proceedings as to validity of instruments.
  (a) General rule.--Where a certificate of approval has been issued by the department or has been deemed issued under section 8206 (relating to effect of ...
• § 8210.  Power of department to define terms, issue rules and regulations and prescribe forms.
  § 8210. Power of department to define terms, issue rules and regulations and prescribe forms. Subject to the definitions in section 8002 (relating to definitions), ...
• § 8211.  Petitions for declaratory orders and complaints to department.
  § 8211. Petitions for declaratory orders and complaints to department. (a) General rule.--If proceedings for the incurring of debt represented by bonds or notes or ...

Subchapter B. Sinking Funds and Other Funds and Accounts

• § 8221.  Creation of sinking funds and deposits, reserves and surplus funds.
  SUBCHAPTER B SINKING FUNDS AND OTHER FUNDS AND ACCOUNTS Sec. 8221. Creation of sinking funds and deposits, reserves and surplus funds. 8222. Assessment fund. 8223. ...
• § 8222.  Assessment fund.
  If a local government unit issues bonds or notes as general obligation bonds or guaranteed revenue bonds to provide funds for and towards the cost ...
• § 8223.  Duty of treasurer.
  The treasurer of each local government unit shall deposit into the applicable sinking fund or other fund the moneys to be deposited therein pursuant to ...
• § 8224.  Deposit and investment of moneys in sinking funds and other funds.
  § 8224. Deposit and investment of moneys in sinking funds and other funds. (a) Deposit with financial institutions.--Any moneys in sinking funds and other funds ...
• § 8225.  Management of sinking and other funds.
  The management and control of sinking and other funds and investments thereof subject to the provisions of this subpart shall be vested in the governing ...
• § 8226.  Inspection of sinking funds and orders to comply.
  (a) General rule.--The department may from time to time audit the sinking funds and all records pertaining thereto of local government units which have any ...
• § 8227.  Sinking fund not required for small borrowings.
  A local government unit may, but shall not be required to, comply with the provisions of this subchapter in respect of notes issued in compliance ...

Subchapter C. Refunding of Debt

• § 8241.  Power to refund.
  (a) General rule.--Subject to the provisions of the outstanding bonds, notes or obligations evidencing lease rental debt and subject to the provisions of this subchapter, ...
• § 8242.  Treatment of costs upon refunding.
  (a) General rule.--In any refunding, a principal amount of refunding bonds or notes or obligations evidencing lease rental debt equal to the sum of the ...
• § 8243.  Limitation on extending term of debt by refunding.
  (a) General rule.--Subject to the terms of section 8247 (relating to special limitation on refunding of funding debt) and to the terms of subsection (b), ...
• § 8244.  Effect of debt limits on refunding nonelectoral bonds or notes or lease rental debt.
  § 8244. Effect of debt limits on refunding nonelectoral bonds or notes or lease rental debt. If any debt originally incurred was lawfully incurred and ...
• § 8245.  Refunding of electoral debt.
  A local government unit may, by action of its governing body and in accordance with the limitations of this subchapter, refund any debt originally incurred ...
• § 8246.  Procedure for authorization, sale, issue and approval of refunding bonds or notes.
  § 8246. Procedure for authorization, sale, issue and approval of refunding bonds or notes. Bonds or notes issued for refunding purposes shall be authorized, issued, ...
• § 8247.  Special limitation on refunding of funding debt.
  A debt incurred for funding purposes pursuant to section 8130 (relating to approval by court to fund unfunded debt) or under law in existence prior ...
• § 8248.  Approval of refunding by the electors.
  The governing body of any local government unit may also obtain the approval of the electors to any refunding of nonelectoral or lease rental debt ...
• § 8249.  Refunding with bonds of another type.
  Subject to the limitations of section 8022 (relating to limitations on incurring of other debt) or after a referendum held pursuant to section 8248 (relating ...
• § 8250.  Use of proceeds of refunding bonds and when refunded bonds are no longer deemed outstanding.
  § 8250. Use of proceeds of refunding bonds and when refunded bonds are no longer deemed outstanding. (a) General rule.--The proceeds of refunding bonds, together ...
• § 8251.  Cessation of interest on called bonds or notes.
  Upon the date fixed for redemption, if the irrevocable deposit has been made and the required notice of the redemption has been given, no further ...

Subchapter D. Remedies

• § 8261.  Failure to budget debt service.
  If a local government unit having outstanding any general obligation bonds or notes or guaranteed revenue bonds or notes, lease rental debt or guaranty of ...
• § 8262.  Failure to pay principal or interest.
  (a) General rule.--If a local government unit fails or neglects to pay the interest or principal on any of its general obligation bonds or notes ...
• § 8263.  Trustee for bondholders.
  (a) Appointment.--Notwithstanding any provision in the bonds or notes or in any authorizing ordinance, if a local government unit defaults in the payment of the ...
• § 8264.  Receiver for revenue projects.
  (a) Appointment.--A trustee for the holders of defaulted bonds or notes, whether or not the series of bonds represented by the trustee has been declared ...
• § 8265.  Costs of suits or proceedings.
  In any suit, action or proceeding by or on behalf of the holders of defaulted bonds or notes of a local government unit brought under ...
• § 8266.  Distribution of moneys realized for bondholders.
  Moneys or funds collected for the holders of defaulted bonds or notes entitled to share equally and ratably therein shall, after the payment of costs ...

Subchapter E. Penalties

• § 8271.  Failure to obey sinking fund directive of department.
  Any officer or any member of the governing body of any local government unit who refuses or neglects to obey any order of the department ...

Subchapter F. Interest Rate Risk and Interest Cost
Management

• § 8281.  Qualified interest rate management agreements.
  (a) General rule.-- (1) Except as set forth in paragraph (4), notwithstanding any other law to the contrary, a local government unit may negotiate and ...
• § 8282.  Covenant to pay amounts due under qualified interest rate management agreements.
  § 8282. Covenant to pay amounts due under qualified interest rate management agreements. (a) Contents.--The local government unit shall include in a qualified interest rate ...
• § 8283.  Remedies.
  (a) Failure to budget amounts due under a qualified interest rate management agreement.-- (1) This subsection applies if a local government unit fails or refuses ...
• § 8284.  Notice and retention of records.
  (a) Notice.-- (1) The local government unit shall file with the Department of Community and Economic Development certified copies of a resolution authorizing a qualified ...
• § 8285.  Financial reporting.
  A local government unit which has entered into a qualified interest rate management agreement shall include in its annual financial statements information with respect to ...
SUBPART C. TAXATION AND ASSESSMENTS

Chapter 84. General Provisions
Subchapter A. Preliminary Provisions

• § 8401.  Definitions.
  The following words and phrases when used in this subpart shall have the meanings given to them in this section unless the context clearly indicates ...
• § 8402.  Scope and limitations.
  (a) General rule.--Except as provided in subsections (b), (c), (d), (e) and (f) and section 8405 (relating to applicability), it is the intent of this ...
• § 8403.  Preemption.
  No act of the General Assembly will vacate or preempt any resolution adopted under this subpart providing for the imposition of a tax by a ...
• § 8404.  Certain rates of taxation limited.
  If a municipality and school district both impose an earned income and net profits tax on the same individual under the Local Tax Enabling Act ...
• § 8405.  Applicability.
  It is the intent of the General Assembly that no provision of this subpart shall apply to any city of the first class, a county ...

Subchapter B. (Reserved)
Subchapter C. Local Taxpayers Bill of Rights

• § 8421.  Short title of subchapter.
  This subchapter shall be known and may be cited as the Local Taxpayers Bill of Rights Act. ...
• § 8422.  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 ...
• § 8423.  Disclosure statement.
  (a) Contents.--The local taxing authority shall prepare a statement which sets forth the following in simple and nontechnical terms: (1) The rights of a taxpayer ...
• § 8424.  Requirements for requests.
  (a) Minimum time periods for taxpayer response.-- (1) The taxpayer shall have at least 30 calendar days from the mailing date to respond to requests ...
• § 8425.  Refunds of overpayments.
  (a) General rule.--A taxpayer who has paid an eligible tax to a local taxing authority may file a written request with the local taxing authority ...
• § 8426.  Interest on overpayment.
  (a) General rule.--All overpayments of tax due a local taxing authority, including taxes on real property, shall bear simple interest from the date of overpayment ...
• § 8427.  Notice of basis of underpayment.
  A local taxing authority shall notify the taxpayer in writing of the basis for any underpayment that the local taxing authority has determined to exist. ...
• § 8428.  Abatement of certain interest and penalty.
  (a) Errors and delays.--In the case of any underpayment, the local taxing authority may abate all or any part of interest for any period for ...
• § 8429.  Application of payments.
  Unless otherwise specified by the taxpayer, all voluntary payments of an eligible tax shall be prioritized by the local taxing authority as follows: (1) Tax. ...
• § 8430.  Administrative appeals.
  A political subdivision levying an eligible tax shall establish an administrative process to receive and make determinations on petitions from taxpayers relating to the assessment, ...
• § 8431.  Petitions.
  (a) Filing.--A petition is timely filed if the letter transmitting the petition is postmarked by the United States Postal Service on or before the final ...
• § 8432.  Practice and procedure.
  Practice and procedure under this subchapter shall not be governed by 2 Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure of local agencies) ...
• § 8433.  Decisions.
  Decisions on petitions submitted under this subchapter shall be issued within 60 days of the date a complete and accurate petition is received. Failure to ...
• § 8434.  Appeals.
  Any person aggrieved by a decision under this chapter who has a direct interest in the decision shall have the right to appeal to the ...
• § 8435.  Equitable and legal principles to apply.
  Decisions under this chapter may be made according to principles of law and equity. ...
• § 8436.  Installment agreements.
  (a) Authorization.--A local taxing authority may enter into written agreements with any taxpayer under which the taxpayer is allowed to satisfy liability for any eligible ...
• § 8437.  Confidentiality of tax information.
  Any information gained by a local taxing authority as a result of any audit, return, report, investigation, hearing or verification shall be confidential tax information. ...
• § 8438.  Taxes on real property.
  Except as provided in section 8426 (relating to interest on overpayment), this subchapter shall not apply to any tax on real property. ...

Chapter 85. Assessments of Persons and Property
Subchapters A through D (Reserved)

Subchapter E. Real Estate Tax Deferral

• § 8571.  Short title of subchapter.
  This subchapter shall be known and may be cited as the Real Estate Tax Deferment Program Act. ...
• § 8572.  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 ...
• § 8573.  Authority.
  All political subdivisions shall have the power and authority to grant annual tax deferrals in the manner provided in this subchapter. ...
• § 8574.  Income eligibility.
  A claimant shall be eligible for a tax deferral if the claimant and the claimant's spouse have a household income not exceeding the maximum household ...
• § 8575.  Tax deferral.
  (a) Amount.--An annual real estate tax deferral granted under this subchapter shall equal the increase in real property taxes upon the homestead of the claimant. ...
• § 8576.  Application procedure.
  (a) Initial application.--Any person eligible for a tax deferral under this subchapter may apply annually to the political subdivision. In the initial year of application, ...
• § 8577.  Contents of application.
  Any application for a tax deferral distributed to persons shall contain the following: (1) A statement that the tax deferral granted under this subchapter is ...
• § 8578.  Attachment and satisfaction of liens.
  (a) Nature of lien.--All taxes deferred under this subchapter shall constitute a prior lien on the homestead of the claimant in favor of the political ...

Subchapter F. Homestead Property Exclusion

• § 8581.  Short title of subchapter.
  This subchapter shall be known and may be cited as the Homestead Property Exclusion Program Act. ...
• § 8582.  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 ...
• § 8583.  Exclusion for homestead property.
  (a) General rule.--The governing body of a political subdivision may exclude from taxation a fixed dollar amount of the assessed value of each homestead property ...
• § 8584.  Administration and procedure.
  (a) Application; determinations.--The owner or owners of real property seeking to have property approved as homestead property or farmstead property shall file an application with ...
• § 8585.  Exclusion for farmstead property.
  (a) Authorization.--The exclusion for farmstead property shall be authorized pursuant to section 2(b)(i) of Article VIII of the Constitution of Pennsylvania. This exclusion shall apply ...
• § 8586.  Limitations.
  (a) Limit on exclusion.-- (1) In accordance with the limits established on the exclusion for homestead property in Article VIII of the Constitution of Pennsylvania, ...
• § 8587.  Uniform application.
  An application form for use by assessors under section 8584(a) (relating to administration and procedure) shall be developed by the Department of Community and Economic ...

Chapter 86. Taxation for Public Transportation

• § 8601.  Scope of chapter.
  This chapter relates to local funding for sustainable mobility options. ...
• § 8602.  Local financial support.
  (a) Imposition.--Notwithstanding any other provision of law, a county of the second class may obtain financial support for transit systems by imposing one or more ...

Chapter 87. Other Subjects of Taxation
Subchapter A. Tax Authorization and Referendum Requirements

• § 8701.  General tax authorization.
  (a) General rule.--Subject to sections 8703 (relating to adoption of referendum) and 8704 (relating to public referendum requirements for increasing property taxes previously reduced) and ...
• § 8702.  Continuity of tax.
  The earned income and net profits tax levied under the provisions of this chapter shall continue in force on a fiscal year basis without annual ...
• § 8703.  Adoption of referendum.
  (a) General rule.-- (1) In order to levy an earned income and net profits tax under this chapter, a governing body shall use the procedures ...
• § 8704.  Public referendum requirements for increasing property taxes previously reduced.
  § 8704. Public referendum requirements for increasing property taxes previously reduced. (a) General rule.--Except as provided in subsections (c) and (d), a governing body that ...
• § 8705.  Local tax study commission.
  (a) Appointment.--A governing body may appoint a local tax study commission. (b) Membership.--The local tax study commission shall consist of five members who are resident ...
• § 8706.  Property tax limits on reassessment.
  After any county makes a countywide revision of assessment of real property at values based upon an established predetermined ratio as required by law or ...

Subchapter B. Earned Income and Net Profits Tax

• § 8711.  Earned income and net profits tax.
  A school district shall have the power to levy, assess and collect a tax on the earned income and net profits of resident individuals of ...
• § 8712.  Collections.
  Any school district imposing a tax under section 8711 (relating to earned income and net profits tax) shall designate the tax officer who is appointed ...
• § 8713.  Credits.
  (a) General rule.--The provisions of section 14 of the Local Tax Enabling Act shall be used to determine any credits under the provisions of this ...
• § 8714.  Earned income and net profits tax exemption.
  A school district that imposes an earned income and net profits tax under this chapter may exempt from the payment of that tax any person ...
• § 8715.  Rules and regulations.
  Taxes imposed under section 8711 (relating to earned income and net profits tax) will be subject to all regulations adopted under section 13 of the ...
• § 8716.  Procedure and administration.
  In order to levy the tax under section 8711 (relating to earned income and net profits tax), the governing body shall adopt a resolution which ...
• § 8717.  Disposition of earned income and net profits tax revenue.
  § 8717. Disposition of earned income and net profits tax revenue. The disposition of revenue from an earned income and net profits tax or an ...

Chapter 89. Payment and Collection of Taxes
Subchapter A. (Reserved)
Subchapter B. Register for Certain Taxes (Repealed)
§ 8911 - § 8916 (Repealed).

Last modified: November 22, 2007