Pennsylvania Act 2000-85 — SECOND CLASS COUNTY CODE - OMNIBUS AMENDMENTS

Act text

Session of 2000

No. 2000-85

SB 706

AN ACT

Amending the act of July 28, 1953 (P.L.723, No.230), entitled, as amended, "An act relating to counties of the second class and second class A; amending, revising, consolidating and changing the laws relating thereto," providing for adoption of budgets for 2001 by counties of the second class and political subdivisions of those counties and for an operating reserve fund; further providing for payments into certain fund and for amount of retirement allowance; providing for homestead property exclusion procedure; further providing for the making of contracts; prohibiting certain provisions in contracts relating to redevelopment assistance capital projects; continuing the county jail oversight board and its powers and duties; providing for a sports and exhibition authority; further providing for certain tax relief; and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. The act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, is amended by adding sections to read:

Section 111. Adoption of Budgets for 2001.--(a) Notwithstanding any other provision of law to the contrary, each county of the second class and each political subdivision situate within a county of the second class that is required to adopt a budget for a calendar year prior to January 31 of that year shall have until January 31, 2001, to adopt its budget for the 2001 calendar year.

(b) If a budget for the 2001 calendar year is not adopted before January 1, 2001, the governing body of a county of the second class or political subdivision situate within a county of the second class shall be authorized to make interim expenditures between January 1, 2001, and the date the budget is adopted, provided that the following requirements are satisfied:

(1) Each interim expenditure must be of a type and nature as the expenditures made under the budget approved for the 2000 calendar year.

(2) The amount of the interim expenditures in the aggregate must not exceed one-twelfth of the budget approved for the 2000 calendar year.

(3) The interim expenditures must be ratified in their entirety for inclusion in the budget for the 2001 calendar year.

(c) A county of the second class or political subdivision situate within a county of the second class that makes interim expenditures in accordance with this section may borrow, if necessary, funds sufficient to pay for the interim expenditures. The borrowing shall comply with the provisions of applicable law.

(d) This section shall expire February 1, 2001.

Section 511. Operating Reserve Fund.--(a) The county commissioners shall have the power to create and maintain a separate operating reserve fund in order to minimize future revenue shortfalls and deficits, provide greater continuity and predictability in the funding of vital government services, minimize the need to increase taxes to balance the budget in times of fiscal distress, provide the capacity to undertake long-range financial planning and develop fiscal resources to meet long-term needs.

(b) The county commissioners may annually make appropriations from the general county fund to the operating reserve fund, but no appropriation shall be made to the operating reserve fund if the effect of the appropriation would cause the fund to exceed five per cent of the estimated revenues of the county's general fund in the current fiscal year.

(c) The commissioners may at any time, by resolution, make appropriations from the operating reserve fund for the following purposes only:

(1) to meet emergencies involving the health, safety or welfare of the residents of the county;

(2) to counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from whatever source; or

(3) to provide for anticipated operating expenditures related either to the planned growth of existing projects or programs or to the establishment of new projects or programs if for each such project or program appropriations have been made and allocated to a separate restricted account established within the operating reserve fund.

(d) The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 1964 of this act relating to the investment of county funds generally.

Section 2. Sections 1708(a) and 1712(a) of the act, amended December 14, 1989 (P.L.631, No.75), are amended to read:

Section 1708. Compulsory Membership; Payments Into Fund; Exceptions; Vested Interest.--(a) Each county employe shall be required to become a member of the county employes' retirement system within six months from the date of his or her employment. The said county employe may elect to become a member of the retirement system at any time during the aforesaid six months period of time by notifying the head of the department, office or agency in which department, office or agency he or she is employed of the said election. A copy thereof shall be filed immediately with the board. He or she shall, each month, pay into the retirement fund a monthly contribution, being a certain percentage of the amount received by him or her as compensation during the preceding calendar month[, which shall be computed on a monthly compensation of four thousand three hundred thirty-three dollars and thirty-three cents ($4,333.33) or less]. Except as provided in subsection (d), the monthly contribution shall be the percentage of his or her compensation as heretofore stated, on a graduated scale as follows:

For the year 1988 and thereafter, six and one-quarter per centum up to seven hundred fifty dollars ($750) per month.

Nine and three-eighths per centum from seven hundred fifty dollars ($750) to fifteen hundred dollars ($1500) per month.

Twelve and one-half per centum from fifteen hundred dollars ($1500) [to four thousand three hundred thirty-three dollars and thirty-three cents ($4,333.33)] per month and above .

Except as hereinafter provided, the aforesaid increase rate of monthly contributions to be paid into the retirement fund to enhance the actuarial soundness of said fund, shall be applicable to all county employes who are members of the retirement system. Such monthly contributions shall be collected by the county treasurer and by him paid into the retirement fund. The payment of the increased rate of the aforesaid monthly contributions shall not apply to such former county employes whose monthly contributions are now paid into said fund in accordance with the provisions of subsection (d) of section 1713. Any county employe receiving compensation for accidental injuries in accordance with the provisions of The Pennsylvania Workmen's Compensation Act shall during the period of time in which such county employe is receiving disability benefits, as provided in the aforesaid act, pay each month for retirement benefits a sum equal to the last monthly contribution as paid into the retirement fund when said county employe was in employment. The monthly contribution shall not be paid by any person who was receiving a retirement allowance and is subsequent to the thirty-first day of May, one thousand nine hundred fifty-three, reemployed as a county employe or any other person who is ineligible to become a member of the retirement system.

---

Section 1712. Amount of Retirement Allowances.--(a) The retirement allowance paid under the provisions of this article shall equal fifty per centum of the amount which would constitute the average monthly compensation as received by the county employe during the highest twenty-four months of the last four (4) years of his employment or two years on a bi-weekly pay basis in which period of time the said county employe made monthly or bi-weekly contributions into the retirement fund prior to his or her retirement. Such average monthly compensation shall include the compensation which any county employe would have been entitled to and would have received except for deduction from compensation due to time spent in serving as an elected State official: Provided, That the county and the employe shall make monthly contributions based on the last compensation equal to the amount the county and he or she would have paid into the retirement fund had such compensation been paid by the county. [No retirement allowance shall be computed on a monthly compensation in excess of four thousand three hundred thirty-three dollars and thirty-three cents ($4,333.33).] In the event an employe, on the effective date of employment termination, shall have less than a full year of service for the purpose of computing the employe's service time, then the amount of the retirement allowance, which would have been computed had the employe completed a full twelve-month period for the year of the termination of employment, shall be prorated upon a full completed month basis for said last year of service. No retirement allowance shall be computed on a monthly compensation in excess of four thousand three hundred thirty-three dollars and thirty-three cents ($4,333.33) (referred to in this subsection as "excess compensation") unless the employe and the county have made contributions on all excess compensation received by the employe during the five-year period preceding the employe's retirement: Provided, That the required contribution is paid into the retirement system within ninety (90) days of the date of retirement. An employe who retires within five (5) years of the effective date of the compensation cap removal may elect to satisfy the contribution requirement by making a lump sum contribution that is calculated by applying the applicable contribution percentage rate to all excess compensation received by the employe during the prior five-year period on which contributions were not made. Within ninety (90) days of such contribution by an employe, contributions shall also be made by the county in an amount equal to the amount contributed by the employe. The effective date of the cap removal is December 31, 1999.

After the effective date of this amendment, certain former county employes who are now receiving a retirement allowance shall receive an increase of a certain per centum of such retirement allowance, which sum shall be computed on the average monthly retirement allowance as heretofore authorized by the board.

The per centum of increase in said monthly retirement allowance shall be a flat 10 per centum increase with the maximum amount not to exceed forty-five dollars ($45.00) per month.

Any employe who earns in excess of ten thousand eight hundred dollars ($10,800) per annum and shall retire during the period from January 1, 1973 to December 31, 1981 shall pay, as a condition to the payment of any benefits hereunder a lump sum contribution into the retirement fund, which contribution shall be computed as follows:

The difference between ten thousand eight hundred dollars ($10,800) and the annual salary of the employe multiplied by the number of years during which he was not an employe of the county for the period aforesaid and upon that amount the sum of two per centum which shall be the lump sum contribution as required herein.

No person who is reemployed as a county employe shall be eligible to receive the benefit of a retirement allowance plus a service increment, if any, until he or she shall have made at least twenty-four monthly or fifty-two bi-weekly contributions into the retirement fund subsequent to his or her reemployment. The foregoing provisions shall not have a retroactive application and shall apply only to present and future county employes. The rate required to be paid in accordance with this provision shall apply to present county employes notwithstanding the rate of contribution that the present county employe has made into the retirement fund.

---

Section 3. The act is amended by adding a section to read:

Section 1976. Homestead Property Exclusion Procedure.--(a) The provisions of 53 Pa.C.S. § 8584 (relating to administration and procedure) shall not apply to a county of the second class, or a political subdivision of a county of the second class, that implements an exclusion authorized under 53 Pa.C.S. Ch. 85 Subch. F (relating to homestead property exclusion). In lieu of the provisions set forth in 53 Pa.C.S. § 8584, a county of the second class that implements an exclusion authorized by 53 Pa.C.S. Ch. 85 Subch. F shall adopt such rules, regulations and procedures as deemed necessary and reasonable for its use or the use of the political subdivisions situate therein to administer this program of exclusions.

(b) This section shall expire December 31, 2001.

Section 4. Section 2001(d) of the act, amended October 5, 1990 (P.L.519, No.125), is amended to read:

Section 2001. County Commissioners to Make Contracts.--The County Commissioners may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this section and the laws of the Commonwealth.

---

(d) The contracts or purchases made by the commissioners involving an expenditure of over ten thousand dollars ($10,000) which shall not require advertising or bidding as hereinbefore provided are as follows:

(1) Those for maintenance, repairs or replacements for water, electric light, or other public works: Provided, That they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but a bond may be required by the county commissioners as in other cases of work done.

(2) Those made for improvements, repairs and maintenance of any kind made or provided by the county through its own employes: Provided, That this shall not apply to construction materials used in a street improvement.

(3) Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof are desired by the county commissioners, which are patented and manufactured products or copyrighted products.

(4) Those involving any policies of insurance or surety company bonds, those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission [, those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the Federal Government, any agency of the Commonwealth or the Federal Government, or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal Government, or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal Government, or their agencies].

(5) Those involving personal or professional services.

(6) Those involving tangible client services provided by nonprofit agencies. For the purposes of this clause, the term "tangible client services" shall mean congregate meals, home-delivered meals, transportation and chore services provided through area agencies on aging.

(7) Those involving the purchase of milk.

(8) Those made with any public body, including, but not limited to, the sale, lease or loan of any supplies or materials to the county by a public body, provided that the price thereof shall not be in excess of that fixed by the public body. The requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) shall not apply when a county purchases cooperatively with another public body which has entered into a contract for supplies or materials. As used in this paragraph, "public body" shall mean any of the following:

(i) the Federal Government;

(ii) the Commonwealth of Pennsylvania;

(iii) any other state;

(iv) a political subdivision, local or municipal authority or other similar local entity of the Commonwealth or any other state; or

(v) an agency of the Federal Government, the Commonwealth or any other state.

---

Section 5. The act is amended by adding a section to read:

Section 2003. Certain Contract Provisions Prohibited.--No political subdivision or authority in a county may enter into any contract related to a redevelopment capital assistance project as provided under section 318 of the act of February 9, 1999 (P.L.1, No.1) , known as the "Capital Facilities Debt Enabling Act," which contains a provision requiring that a specified percentage of a contracting party's work force be residents of a specific municipality.

Section 6. The act is amended by adding articles to read:

ARTICLE XXV-A

SPORTS AND EXHIBITION AUTHORITY

Section 2501-A. Short Title.--This article shall be known and may be cited as the Sports and Exhibition Authority Act.

Section 2502-A. Definitions.--The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authority." A body politic and corporate created pursuant to this article.

"Board." The governing body of the Authority.

"Bonds." Notes, bonds and other evidence of indebtedness or obligations which the Authority is authorized to issue pursuant to section 2505-A.

"City." A city of the second class which is located in a county of the second class.

"Construct." To acquire and to construct, all in such manner as may be deemed desirable.

"Construction." Acquisition and construction.

"County." A county of the second class in which a city of the second class is located.

"Federal agency." The United States of America, the President of the United States of America and any department or corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States of America.

"Improve." To enlarge and to improve, all in such manner as may be deemed desirable.

"Improvement." Enlargement and improvement.

"Municipal authorities." The governing bodies of the county or the council of the city.

"Municipality." Any county, city, town, borough, township or school district of the Commonwealth.

"Project." Any structure, facility or undertaking which the Authority is authorized to acquire, construct, improve, maintain or operate under the provisions of this article.

"Public auditorium." Any structure appropriate for large public assemblies, the holding of conventions, sporting tournaments, athletic contests and exhibitions, musical and dramatic performances and other business, social, cultural, scientific and recreational events and all facilities necessary or incident thereto, including provisions for adequate off-street parking. Nothing herein contained shall be construed to prohibit the constructing, on sites acquired adjacent to and in connection with such structures and facilities, of improvements, buildings and other structures for the purpose of producing revenues to assist in defraying the costs of operation, maintenance and debt service of the project.

Section 2503-A. Method of Incorporation.--(a) Whenever the municipal authorities of any county or of any city, singly or jointly (including a county-city joinder), shall desire to organize an Authority under this article, they shall adopt a resolution or ordinance signifying their intention to do so. Thereafter, the municipal authorities of such county or city shall cause a notice of such resolution or ordinance to be published at least one time in the legal periodical of the county or counties in which such Authority is to be organized and at least one time in a newspaper published and of general circulation in such county or counties. Said notice shall contain a brief statement of the substance of said resolution or ordinance, including the substance of the proposed articles of incorporation, making reference to this article, and shall state that on a day certain, not less than three (3) days after publication of said notice, articles of incorporation of the proposed Authority will be filed with the Secretary of the Commonwealth. No county or city shall be required (any law to the contrary notwithstanding) to make any other publication of such resolution or ordinance under the provision of existing law. The aforesaid publication of such notice shall be sufficient compliance with such laws.

(b) On or before the day specified in said notice, the municipal authorities shall file with the Secretary of the Commonwealth articles of incorporation, together with proof of publication of the notice as aforesaid. Said articles of incorporation shall set forth the name of the Authority; a statement that such Authority is formed under this article; the name of the incorporating city or county, together with the names and addresses of its municipal authorities; and the names, addresses and term of office of the first members of the board of said Authority. If a joint authority, the articles shall specify which members are to be appointed by the respective county or city. All of which matter shall be determined in accordance with the provisions of this article. Said articles of incorporation shall be executed by each incorporating city or county by its proper officers and under its municipal seal.

(c) If the Secretary of the Commonwealth finds that the articles of incorporation conform to law, he shall forthwith, but not prior to the day specified in the aforesaid notice, endorse his approval thereon and, when all proper fees and charges have been paid, shall file the articles and issue a certificate of incorporation to which shall be attached a copy of the approved articles. Upon the issuance of such certificate of incorporation by the Secretary of the Commonwealth, the corporate existence of said Authority shall begin. Said certificate of incorporation shall be conclusive evidence of the fact that such Authority has been incorporated, but proceedings may be instituted by the Commonwealth to dissolve any Authority which shall have been formed without substantial compliance with the provisions of this section.

(d) When the Authority has been organized and its officers elected, the secretary shall certify to the Secretary of the Commonwealth the names and addresses of its officers as well as the principal office of the Authority. Any change in the location of the principal office shall likewise be certified to the Secretary of the Commonwealth within ten (10) days after such change.

Section 2504-A. Amendment of Articles.--(a) An Authority, in the manner hereinafter provided, may from time to time amend its articles:

(1) To adopt a new name.

(2) To add a provision therein increasing its term of existence to a date not exceeding fifty (50) years from the date of approval of the articles of amendments or to modify any provision thereof limiting its terms of existence by increasing such term to such a date.

(3) To reapportion the representation on the board of the Authority and to revise the terms of office of such members, all in such manner as shall not be inconsistent with the provisions of section 2508-A.

(b) Every amendment to the articles shall first be proposed by the board by the adoption of a resolution setting forth the proposed amendment and directing that it be submitted to the municipal authorities of the county or city composing the Authority. The resolution shall contain the language of the proposed amendment to the articles by providing that the articles shall be amended so as to read as therein set forth in full, or that any provision thereof be amended so as to read as therein set forth in full, or that the matter stated in the resolution be added to or stricken from the articles. After the amendments have been submitted to the county or city, such county or city shall adopt or reject such amendment by resolution or ordinance.

(c) After an amendment has been adopted by the county or city, articles of amendment shall be executed under the seal of the Authority and verified by two duly authorized officers of the corporation and shall set forth:

(1) The name and location of the registered office of the Authority.

(2) The act of assembly under which the Authority was formed and the date when the original certificate of incorporation was issued.

(3) The resolution or ordinance of the county or city adopting the amendment.

(4) The amendment adopted by the county or city, which shall be set forth in full.

(d) The Authority shall advertise its intention to file articles of amendment with the Secretary of the Commonwealth in the manner prescribed in section 2503-A in the case of the formation of an Authority. Advertisements shall appear at least three (3) days prior to the day upon which the articles of amendment are presented to the Secretary of the Commonwealth and shall set forth briefly:

(1) The name and location of the registered office of the Authority.

(2) A statement that the articles of amendment are to be filed under the provisions of this article.

(3) The nature and character of the proposed amendment.

(4) The time when the articles of amendment will be filed with the Secretary of the Commonwealth.

(e) The articles of amendment and proof of the advertisement heretofore required shall be delivered by the Authority or its representative to the Secretary of the Commonwealth. If the Secretary of the Commonwealth finds that such articles conform to law, he shall forthwith, but not prior to the day specified in the advertisement required heretofore, endorse his approval thereon and, when all fees and charges have been paid, shall file the articles and issue to the Authority or its representative a certificate of amendment to which shall be attached a copy of the approved articles.

Section 2505-A. Purposes and Powers; General.--(a) Every Authority incorporated under this article shall be a public body, corporate and politic, exercising public powers of the Commonwealth as an agency thereof, and shall be for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning, leasing, either in the capacity of lessor or lessee, public auditoriums, the purpose and interest of this article being to benefit the people of the Commonwealth by, among other things, increasing their commerce and prosperity and promoting their educational, cultural, physical, civic, social and moral welfare.

(b) Every Authority is hereby granted and shall have and may exercise all powers necessary or convenient for the carrying out of the aforesaid purpose, including, but without limiting the generality of the foregoing, the following rights and powers:

(1) To have existence for a term of fifty (50) years and for such further period or periods as may be provided in articles of amendment approved under section 2504-A hereof.

(2) To sue and be sued, implead and be impleaded, complain and defend in all courts.

(3) To adopt, use and alter at will a corporate seal.

(4) To acquire, purchase, hold, receive, lease as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, necessary or desirable for carrying out the purpose of the Authority, and to sell, lease as lessor, permit the use of, transfer and dispose of any property or interest therein or any project or part thereof, at any time acquired or constructed by it.

(5) To acquire by purchase, lease or otherwise and to construct, improve, maintain, repair and operate projects.

(6) To make bylaws for the management and regulation of its affairs.

(7) To appoint agents, employes and servants, to prescribe their duties and to fix their compensation.

(8) To fix, alter, charge and collect rentals, admissions, license fees and other charges for the purpose of providing for the payment of the expenses of the Authority, the construction, improvement, repair, maintenance and operation of its facilities and properties, the payment of the principal of and interest on its obligations and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such obligations or with the incorporating county or city.

(9) To borrow money, make and issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations (herein called "bonds") of the Authority, said bonds to have a maturity date not longer than forty (40) years from the date of issue, except that no refunding bonds shall have a maturity date later than the life of the Authority, and to secure the payment of such bonds or any part thereof by pledge or deed of trust of all or any of its revenues and receipts and to make such agreements with the purchasers or holders of such bonds or with others in connection with any such bonds, whether issued or to be issued, as the Authority shall deem advisable, and, in general, to provide for the security for said bonds and the rights of the holders thereof.

(10) To make contracts of every name and nature and to execute all instruments necessary or convenient for the carrying on of its business.

(11) Without limitation of the foregoing, to borrow money and accept grants from, and to enter into contracts, leases, licenses or other transactions with, any Federal agency, the Commonwealth, municipality, private person, association, partnership, corporation or authority created under this or any other act of the General Assembly of Pennsylvania.

(12) To have the power of eminent domain.

(13) To pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the Authority as security for all or any of the obligations of the Authority.

(14) To do all acts and things necessary or convenient for the promotion of its business and the general welfare of the Authority to carry out the powers granted to it by this article or any other acts.

(15) To enter into contracts of group insurance for the benefit of its employes and to set up a retirement or pension fund for such employes.

(c) The Authority shall have no power at any time or in any manner to pledge the credit or taxing power of the Commonwealth or any political subdivision, nor shall any of its obligations be deemed to be obligations of the Commonwealth or of any of its political subdivisions, nor shall the Commonwealth or any political subdivision thereof be liable for the payment of principal of or interest on such obligations.

Section 2506-A. Purposes and Powers; Bonds.--(a) The bonds of any Authority hereinabove referred to and authorized to be issued shall be authorized by resolution of the board thereof and shall be of such series, bear such date or dates, mature at such time or times not exceeding forty (40) years from their respective dates, bear interest at such rate or rates payable semi-annually, be in such denominations, be in such form, either coupon or fully registered without coupons, carry such registration exchangeability and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption not exceeding one hundred five per centum of the principal amount thereof and be entitled to such priorities in the revenues or receipts of such Authority as such resolution or resolutions may provide. The bonds shall be signed by such officers as the Authority shall determine, and coupon bonds shall have attached thereto interest coupons bearing the facsimile signature of the treasurer of the Authority, all as may be prescribed in such resolution or resolutions. Any such bonds may be issued and delivered notwithstanding that one or more of the officers signing such bonds or the treasurer whose facsimile signature shall be upon the coupon or any thereof shall have ceased to be such officer or officers at the time when such bonds shall actually be delivered.

(a.1) Said bonds may be sold at public or private sale for such price or prices as the Authority shall determine. Pending the preparation of the definitive bonds, interim receipts may be issued to the purchaser or purchasers of such bonds and may contain such terms and conditions as the Authority may determine.

(b) Any resolution or resolutions authorizing any bonds may contain provisions, which shall be part of the contract with the holders thereof, as to all of the following:

(1) Pledging the full faith and credit of the Authority, but not of the Commonwealth or a political subdivision, for such obligations or restricting the same to all or any of the revenues of the Authority from all or any projects or properties.

(2) The construction, improvement, operation, extension, enlargement, maintenance and repair of the project and the duties of the Authority with reference thereto.

(3) The terms and provisions of the bonds.

(4) Limitations on the purposes to which the proceeds of the bonds then or thereafter to be issued or of any loan or grant by the United States may be applied.

(5) Admissions, rentals and other charges for use of the facilities of the Authority.

(6) The setting aside of reserves or sinking funds and the regulation and disposition thereof.

(7) Limitations on the issuance of additional bonds.

(8) The terms and provisions of any deed of trust or indenture securing the bonds or under which the same may be issued.

(9) Any other or additional agreements with the holders of the bonds.

(c) Any Authority may enter into any deeds of trust, indentures or other agreements with any bank or trust company or other person or persons in the United States having power to enter into the same, including any Federal agency, as security for such bonds, and may assign and pledge all or any of the revenues or receipts of the Authority thereunder. Such deed of trust, indenture or other agreement may contain such provisions as may be customary in such instruments or as the Authority may authorize, including, but without limitation, provisions as to the construction, improvement, operation, maintenance and repair of any project and the duties of the Authority with reference thereto; the application of funds and the investing and safeguarding of funds on hand or on deposit, including provisions for the investing and deposit of funds in or secured by such obligations as may be lawful for investment by executors, administrators, guardians, trustees and other fiduciaries under the laws of this Commonwealth; the rights and remedies of said trustee and the holders of the bonds, which may include restrictions upon the individual right of action of such bondholders; and the terms and provisions of the bonds or the resolutions authorizing the issuance of the same. Said bonds shall have all the qualities of negotiable instruments under 13 Pa.C.S. Div. 3 (relating to negotiable instruments).

Section 2507-A. Remedies of Bondholders.--(a) The rights and the remedies herein conferred upon or granted to the bondholders shall be in addition to and not in limitation of any rights and remedies lawfully granted to such bondholders by the resolution or resolutions providing for the issuance of bonds or by any deed of trust, indenture or other agreement under which the same may be issued. In the event that the Authority shall default in the payment of principal or interest on any of the bonds after the said principal or interest shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty (30) days or in the event that the Authority shall fail or refuse to comply with the provisions of this article or shall default in any agreement made with the holders of the bonds, the holders of twenty-five per centum in aggregate principal amount of the bonds then outstanding, by instrument or instruments filed in the office of the recorder of deeds of the county and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the bondholders for the purpose herein provided.

(b) Such trustee and any trustee under any deed of trust, indenture or other agreement may, and upon written request of the holders of twenty-five per centum (or such other percentage as may be specified in any deed of trust, indenture or other agreement aforesaid) in principal amount of the bonds then outstanding shall, in his or its own name:

(1) by mandamus or other suit, action or proceeding, at law or in equity, enforce all rights of the bondholders, including the right to require the Authority to collect rents, rentals and other charges adequate to carry out any agreement as to or pledge of the revenues or receipts of the Authority and to require the Authority to carry out any other agreements with or for the benefit of the bondholders and to perform its and their duties under this article;

(2) bring suit upon the bonds;

(3) by action or suit in equity, require the Authority to account as if it were the trustee of an express trust for the bondholders;

(4) by action or suit in equity, enjoin any acts or things which may be unlawful or in violation of the right of the bondholders; or

(5) by notice in writing to the Authority, declare all bonds due and payable, and if all defaults shall be made good, then with the consent of the holders of twenty-five per centum (or such other percentage as may be specified in any deed of trust, indenture or other agreement aforesaid) of the principal amount of the bonds then outstanding, to annul such declaration and its consequences.

(c) The court of common pleas of the county shall have jurisdiction of any suit, action or proceedings by the trustee on behalf of the bondholders. Any trustee, when appointed as aforesaid or acting under a deed of trust, indenture or other agreement and whether or not all bonds have been declared due and payable, shall be entitled as of right to the appointment of a receiver who may enter and take possession of the facilities of the Authority or any part or parts thereof, the revenues or receipts from which are or may be applicable to the payment of the bonds so in default, and operate and maintain the same and collect and receive all rentals and other revenues thereafter arising therefrom in the same manner as the Authority or the board might do, and shall deposit all such moneys in a separate account and apply the same in such manner as the court shall direct. In any suit, action or proceeding by the trustee, the fees, counsel fees and expenses of the trustee and of the receiver, if any, and all costs and disbursements allowed by the court shall be a first charge on any revenues and receipts derived from the facilities of the Authority, the revenues and receipts from which are or may be applicable to the payment of the bonds so in default. Said trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the bondholders in the enforcement and protection of their rights.

(d) Nothing in this section or any other section of this article shall authorize any receiver appointed pursuant to this article for the purpose of operating and maintaining any facilities of the Authority to sell, assign, mortgage or otherwise dispose of any of the assets, of whatever kind and character, belonging to the Authority. It is the intention of this article to limit the powers of such receiver to the operation and maintenance of the facilities of the Authority as the court shall direct, and no holder of bonds of the Authority nor any trustee shall ever have the right in any suit, action or proceedings, at law or in equity, to compel a receiver, nor shall any receiver ever be authorized or any court be empowered to direct the receiver, to sell, assign, mortgage or otherwise dispose of any assets, of whatever kind or character, belonging to the Authority.

Section 2508-A. Governing Body.--(a) The powers of each Authority shall be exercised by a board:

(1) The board shall be composed of seven members, all of whom must be residents of the county organizing the Authority or the county wherein the city organizing the Authority is located.

(2) The county executive or the mayor of the city shall appoint the members of the board.

(3) A member who serves on the board under the act of July 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium Authorities Law," shall continue to serve until the conclusion of the member's term.

(4) Vacancies created under this section on a joint county-city Authority shall be filled by appointment of one member by the county executive and by appointment of one member by the mayor of the city. The initial terms of members appointed under this paragraph shall commence on January first next succeeding the effective date of this article. The initial terms of members appointed under this paragraph shall be: one member appointed by the mayor shall serve for five (5) years and one member appointed by the county executive shall serve for four (4) years.

(5) When a vacancy has occurred or is about to occur by reason of the expiration of the term of any member, the county executive or mayor, as the case may be, shall appoint a member of the board for a term of five (5) years to succeed the member whose term has expired or is about to expire.

(6) Appointments, in the case of a joint county-city Authority, shall be apportioned in the following manner: three members to be appointed by the county executive; three members to be appointed by the mayor; and the seventh member to be appointed by concurring action of the county executive and the mayor. Members of the board may be removed at the will of the appointing power, and, in the case of a joint county-city Authority, the seventh member may be removed at will by either of the appointing powers.

(b) Members shall hold office until their successors have been appointed and may succeed themselves. A member shall receive no compensation for his services but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his duties. If a vacancy shall occur by reason of the death, disqualification, resignation or removal of a member, the appointing power shall appoint a successor to fill his unexpired term.

(c) The members of the board shall select from among themselves a chairman, a vice-chairman and such other officers as the board may determine. The board may employ a secretary, an executive director, its own counsel and legal staff and such technical experts and such other agents and employes, permanent or temporary, as it may require, and may determine the qualifications and fix the compensation of such persons. Four members of the board shall constitute a quorum for its meetings. Members of the board shall not be liable personally on the bonds or other obligations of the Authority, and the rights of creditors shall be solely against such Authority. The board may delegate to one or more of its agents or employes such of its powers as it shall deem necessary to carry out the purposes of this article, subject always to the supervision and control of the board. The board shall have full authority to manage the properties and business of the Authority and to prescribe, amend and repeal bylaws, rules and regulations governing the manner in which the business of the Authority may be conducted and the powers granted to it may be exercised and embodied.

Section 2509-A. Moneys of the Authority.--All moneys of any Authority, from whatever source derived, shall be paid to the treasurer of the Authority. Said moneys shall be deposited in the first instance by the treasurer in one or more banks or trust companies, in one or more special accounts, and each of such special accounts, to the extent the same is not insured, shall be continuously secured by a pledge of direct obligations of the United States of America, of the Commonwealth or of the county or city creating the Authority, having an aggregate market value, exclusive of accrued interest, at all times at least equal to the balance on deposit in such account. Such securities shall either be deposited with the treasurer or be held by a trustee or agent satisfactory to the Authority. All banks and trust companies are authorized to give such security for such deposits. The moneys in said accounts shall be paid out on the warrant or other order of the chairman of the Authority or of such other person or persons as the Authority may authorize to execute such warrants or orders. Every Authority shall have at least an annual examination of its books, accounts and records by a certified public accountant. A copy of such audit shall be delivered to the county or city creating the Authority. A concise financial statement shall be published annually at least once in a newspaper of general circulation in the county or city where the principal office of the Authority is located. If such publication is not made by the Authority, the county or city shall publish such statement at the expense of the Authority. If the Authority fails to make such an audit, then the controller, auditors or accountant designated by the county or city is hereby authorized and empowered from time to time to examine, at the expense of the Authority, the accounts and books of the Authority, including its receipts, disbursements, contracts, leases, sinking funds, investments and any other matters relating to its finances, operation and affairs. The Attorney General shall have the right to examine the books, accounts and records of any Authority.

Section 2510-A. Transfer of Existing Facilities or Funds and the Making of Annual Grants to Authority.--(a) Any municipality or owner may and they are hereby authorized to sell, lease, lend, grant, convey, transfer or pay over to any Authority, with or without consideration, any project or any part or parts thereof, or any interest in real or personal property, or any funds available for building, construction or improvement purposes, including the proceeds of bonds previously or hereafter issued for building, construction or improvement purposes, which may be used by the Authority in the construction, improvement, maintenance or operation of any project, and any municipality is hereby empowered to issue general obligation bonds for the purpose of providing funds for the building, construction or improvement of a public auditorium and transferring said funds to an Authority created under this article.

(b) Any municipality may and it is hereby authorized to make annual grants from current revenues to the Authority to assist in defraying the costs of operation, maintenance and debt service of the project and to enter into long-term agreements providing for the payment of the same.

Section 2511-A. Competition in Award of Contracts.--(a) All construction, reconstruction, repairs or work of any nature made by any Authority, where the entire cost, value or amount of such construction, reconstruction, repairs or work, including labor and materials, shall exceed ten thousand dollars ($10,000), except construction, reconstruction, repairs or work done by employes of said Authority or by labor supplied under agreement with any Federal or State agency with supplies and materials purchased, as hereinafter provided, shall be done only under contract or contracts to be entered into by the Authority with the lowest responsible bidder upon proper terms, after due public notice has been given asking for competitive bids hereinafter provided. No contract shall be entered into for construction or improvement or repair of any project or portion thereof unless the contractor shall give an undertaking, with a sufficient surety or sureties approved by the Authority and in an amount fixed by the Authority, for the faithful performance of the contract. All such contracts shall provide, among other things, that the person or corporation entering into such contract with the Authority will pay for all materials furnished and services rendered for the performance of the contract and that any person or corporation furnishing such materials or rendering such services may maintain an action to recover for the same against the obligor in the undertaking as though such person or corporation was named therein, provided the action is brought within one (1) year after the time the cause of action accrued. Nothing in this section shall be construed to limit the power of the Authority to construct, repair or improve any project or portion thereof or any addition, betterment or extension thereto directly by the officers, agents and employes of the Authority or otherwise than by contract.

(b) All supplies and materials costing ten thousand dollars ($10,000) or more shall be purchased only after due advertisement as hereinafter provided. The Authority shall accept the lowest bid or bids, kinds, quality and material being equal, but the Authority shall have the right to reject any or all bids or select a single item from any bid. The provisions as to bidding shall not apply to the purchase of patented and manufactured products offered for sale in a non-competitive market or solely by a manufacturer's authorized dealer.

(b.1) Written or telephonic price quotations from at least three (3) qualified and responsible contractors shall be requested for all contracts that exceed four thousand dollars ($4,000) but are less than the amount requiring advertisement and competitive bidding, or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three (3) qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three (3) years.

(c) The terms, advertisement or due public notice, wherever used in this section, shall mean a notice published at least ten (10) days before the award on any contract in a newspaper of general circulation published in the municipality where the Authority has its principal office, and if no newspaper is published therein then by publication in a newspaper in the county where the Authority has its principal office: Provided, That such notice may be waived where the Authority determines an emergency exists and such supplies and materials must be immediately purchased by the said Authority.

(d) No member of the Authority or officer or employe thereof shall, either directly or indirectly, be a party to or be in any manner interested in any contract or agreement with the Authority for any matter, cause or thing whatsoever, by reason whereof any liability or indebtedness shall in any way be created against such Authority. If any contract or agreement shall be made in violation of the provision of this section, the same shall be null and void and no action shall be maintained thereon against such Authority.

(e) Subject to the aforesaid, any Authority may (but without intending by this provision to limit any powers of such Authority) enter into and carry out such contracts or establish or comply with such rules and regulations concerning labor and materials and other related matters, in connection with any project or portion thereof, as the Authority may deem desirable or as may be requested by any Federal agency that may assist in the financing of such project or any part thereof: Provided, however, That the provisions of this section shall not apply to any case in which the Authority has taken over by transfer or assignment any contract authorized to be assigned to it under the provisions of section 2510-A, nor to any contract in connection with the construction of any project which the Authority may have had transferred to it by any person or private corporation.

(f) Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978 (P.L.6, No.3), known as the "Steel Products Procurement Act."

(g) Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of August 15, 1961 (P.L.987, No.442), known as the "Pennsylvania Prevailing Wage Act."

(h) An Authority shall not evade the provisions of this section as to advertising for bids or purchasing materials or contracting for services piecemeal for the purpose of obtaining prices under ten thousand dollars ($10,000) upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than ten thousand dollars ($10,000). This provision is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts each for less than the advertising requirement price or by making several simultaneous purchases or contracts each below said price when in either case the transaction involved should have been made as one transaction for one price.

(i) Any member of the Authority who votes to unlawfully evade the provisions of this section and who knows that the transaction upon which he so votes is or ought to be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote.

Section 2512-A. Acquisition of Lands.--The Authority shall have the power to acquire by purchase or eminent domain proceedings either the fee or such right, title, interest or easement in such lands as the Authority may deem necessary for the purpose mentioned in this article: Provided, however, That no property owned or used by the United States, the Commonwealth, any political subdivision thereof, or any body politic and corporate organized as an "authority" under any law of the Commonwealth or by any agency or any of them, nor any property of a public service company, property used for burial purposes, places of public worship, shall be taken under the right of eminent domain. The right of eminent domain shall be exercised by the Authority in the manner provided by law for the exercise of such right by municipalities of the same class as the municipality by which such Authority was organized. In the case of a joint authority, right of eminent domain shall be exercised by the Authority in the same manner as is provided by law for the exercise of such right by municipalities of the same class as the municipality in which the right of eminent domain is to be exercised, except that where the right is to be exercised in a city located in a county and both are members of the Authority, the law established for the city shall govern.

Section 2513-A. 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 from time to time adopted by the Authority: Provided, however, That the Authority shall not be authorized to do anything which will impair the security of the holders of the obligations of the Authority or violate any agreements with them or for their benefit.

Section 2514-A. Limitation of Powers.--The Commonwealth does hereby pledge to and agree with any person, firm or corporation or Federal agency subscribing to or acquiring the bonds to be issued by the Authority for the construction, extension, improvement or enlargement of any project or part thereof that the Commonwealth will not limit or alter the rights hereby vested in the Authority until all bonds at any time issued, together with the interest thereon, are fully met and discharged. The Commonwealth does further pledge to and agree with the United States and any other Federal agency that in the event that any Federal agency shall construct or contribute any funds for the construction, extension, improvement or enlargement of any project or any portion thereof, the Commonwealth will not alter or limit the rights and powers of the Authority in any manner which would be inconsistent with the continued maintenance and operation of the project or the improvement thereof or which would be inconsistent with the due performance of any agreements between the Authority and any such Federal agency, and the Authority shall continue to have and may exercise all powers herein granted so long as the same shall be necessary or desirable for the carrying out of the purposes of this article and the purposes of the United States in the construction or improvement or enlargement of the project or such portion thereof.

Section 2515-A. Termination of Authority.--When any Authority shall have finally paid and discharged all bonds which, together with the interest due thereon, shall have been secured by a pledge of any of the revenues or receipts of a project, it may (subject to any agreements concerning the operation or disposition of such project) convey such project to the county or city creating the Authority and terminate its existence. A certificate requesting the termination of the existence of the Authority shall be submitted to the county or city creating the Authority. If the certificate is approved by the county or city, then the certificate, endorsed with such approval, shall be filed with the Secretary of the Commonwealth, and thereupon the said secretary shall note the termination of existence on the record of incorporation and return the certificate with his approval shown thereon to the board. Thereupon, the property of said Authority shall pass to the county or city and the Authority shall cease to exist.

Section 2516-A. Exemption from Taxation.--The effectuation of the authorized purpose of Authorities created under this article shall and will be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions, and since such Authorities will be performing essential governmental functions in effectuating such purposes, such Authorities shall not be required to pay any taxes or assessments upon any property acquired or used or permitted to be used by them for such purposes, and the bonds issued by any Authority, their transfer and the income therefrom (including any profits made on the sale thereof), shall at all times be free from taxation within the Commonwealth.

Section 2517-A. Conveyance and Lease by Authorities.--(a) The project established under this article may be acquired by the incorporating county or city. The said county or city shall, by appropriate resolution or ordinance, signify its or their desire to do so, and thereupon the Authority shall convey by appropriate instrument said project to the county or city upon the assumption by the county or city of all obligations incurred by the Authority with respect to the project.

(b) The project established under this article may be leased by the Authority to the incorporating county or city, and the said county or city is hereby empowered to enter into a lease for such purpose.

Section 2518-A. Construction.--The addition of Article XXV-A is a codification of and shall be deemed a continuation of the act of July 29, 1953 (P.L.1034, No.270), known as the "Public Auditorium Authorities Law," insofar as it relates to counties of the second class in which a city of the second class is located and to any city of the second class which is located in a county of the second class.

ARTICLE XXX-A

COUNTY JAIL OVERSIGHT BOARD

Section 3001-A. Short Title.--This article shall be known and may be cited as the "County Jail Oversight Board Act."

Section 3002-A. Definitions.--Unless the context clearly indicates otherwise, the following words and phrases when used in this article shall have the following meanings:

"Board." The county jail oversight board of a county.

"County." A county of the second class.

Section 3003-A. County Jail Oversight Board.--(a) There is hereby established a county jail oversight board in any county which shall be named the " County Jail Oversight Board." The board shall be a continuation of the county prison board originally established under the act of December 10, 1980 (P.L.1152, No.208), known as the "Second Class County Prison Board Act."

(b) The board shall be composed of:

(1) The county chief executive.

(2) Two judges of the court of common pleas, one of whom shall be the president judge or his designee who shall be a judge, and one judge appointed by the president judge.

(3) The county sheriff.

(4) The county controller.

(5) The president of county council or his designee.

(6) Three citizen members as provided in subsection (c).

(c) The citizen members shall not be employes of the county or of the Commonwealth. They shall serve for a term of three years and shall be representative of the broad segments of the county's population and shall include persons whose background and experience indicate that they are qualified to act in the interest of the public. The citizen members shall be appointed by the county chief executive with the consent of county council.

Section 3004-A. Powers and Duties.--(a) The board's administrative powers and duties shall include the operation and maintenance of the prison and all alternative housing facilities, the oversight of the health and safekeeping of inmates and the confirmation of the chief executive's selection of a warden.

(b) The board shall insure that the living conditions within the prison and alternative housing facilities are healthful and otherwise adequate.

(c) The board shall, at least twice each year, conduct an unannounced inspection of the prison's physical plant. During such inspections the board shall interview a cross-section of inmates, out of the presence of the warden and his agents, to determine the conditions within the prison and alternative housing facilities. After each inspection, the board shall prepare a written report setting forth its findings and determinations which shall be available for public inspection.

(d) The board shall insure that the prison is being operated in accordance with its regulations, the laws and regulations of the Commonwealth and of the United States.

(e) The board shall investigate allegations of inadequate prison conditions and improper practices occurring within the prison and may make such other investigations or reviews of prison operation and maintenance. The books, papers and records of the prison, including, but not limited to, the papers and records of the warden and those relating to individual inmates, shall at all times be available for inspection by the board.

Section 3005-A. Rules and Regulations.--The board shall, in the manner provided by law, promulgate such rules, regulations and forms it deems necessary for the proper administration of the board and for the operation of the prison and alternative housing facilities.

Section 3006-A. Warden.--(a) (1) The chief executive shall appoint a warden subject to confirmation by the board. The warden shall serve at the pleasure of the chief executive, who shall fix an appropriate salary.

(2) The warden shall be a resident of the county six months after the date of appointment.

(b) Subject to approval of the manager, the warden shall employ deputies, assistants and other personnel required to adequately operate the prison and alternative housing facilities.

(c) The warden shall submit an annual written report to the board which shall contain information on the population, conditions and practices in the prison and other matters as specified by the board. The annual report shall be available for public inspection.

(d) The warden shall report to the county chief executive and to the board.

Section 3007-A. Board Meetings.--The board shall meet at least once each month and shall keep regular minutes of its proceedings which shall be open to public inspection.

Section 3008-A. Contracts and Purchases.--All contracts and purchases required for the maintenance and support of the prisoners, repairs and improvements of the prison and alternative housing facilities and materials and supplies shall be conducted in accordance with the applicable provisions of the county administrative code.

Section 3009-A. Construction.--The addition of Article XXX-A is a codification of and shall be deemed a continuation of the act of December 10, 1980 (P.L.1152, No.208), known as the "Second Class County Prison Board Act."

Section 7. Section 3171-B(a)(4) of the act, amended December 21, 1998 (P.L.1088, No.146), is amended and the subsection is amended by adding a clause to read:

Section 3171-B. Tax Relief.--(a) * * *

(4) The county and the city shall utilize all or a portion of revenues remaining from disbursements received pursuant to section 3157-B(b) after reducing taxes as provided by clauses (1) and (2) for the implementation of [either or both] one of the following:

(i) programs under the act of December 13, 1988 (P.L.1190, No.146), known as the "First and Second Class County Property Tax Relief Act"; [or]

(ii) a program for property tax rebate or rent rebate in lieu of property taxes modeled by the county or city after the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act," for longtime [senior citizen] owner - occupants of personal residences. Property eligible for tax relief under this clause shall be limited to a primary personal residence owned by a single person age 62 or older or by married persons if either spouse is 62 years of age or older. Tax relief provided pursuant to this clause shall be limited to persons whose income as defined under the act of March 11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate and Assistance Act," does not exceed twenty-five thousand dollars ($25,000)[.] ; or

(iii) a program for property tax rebate or rent rebate in lieu of property taxes modeled by the county or city after the "Senior Citizens Rebate and Assistance Act" for longtime owner-occupants of personal residences. Property eligible for tax relief under this clause shall be limited to a primary personal residence owned by a single person age 60 or older or by married persons if either spouse is 60 years of age or older. Tax relief provided pursuant to this clause shall be limited to persons whose income as defined under the "Senior Citizens Rebate and Assistance Act" does not exceed thirty thousand dollars ($30,000).

For purposes of this clause, "longtime owner-occupant" shall mean any person who for at least ten continuous years has owned and has occupied a dwelling place within the county as a principal residence and domicile, or any person who for at least five years has owned and occupied a dwelling within the county as a principal residence and domicile if that person received assistance in the acquisition of the property as part of a government or nonprofit housing program.

(5) The county may establish installment payment programs for payment of the property taxes by taxpayers who participate in county programs pursuant to clause (4).

---

Section 8. Section 3107-C of the act is amended by adding a subsection to read:

Section 3107-C. Charter Limitations.--* * *

(m) The county under the charter shall be subject to the restrictions and prohibitions concerning the employes' retirement system under Article XVII and this article.

Section 9. This act shall be retroactive as follows:

(1) The addition of section 2003 of the act shall be retroactive to February 9, 1999.

(2) The amendment of sections 1708, 1712 and 3107-C of the act shall be retroactive to January 1, 2000.

Section 10. (a) The following acts and parts of acts are repealed to the extent specified:

Act of December 10, 1980 (P.L.1152, No.208), known as the Second Class County Prison Board Act, is repealed absolutely.

Act of July 29, 1953 (P.L.1034, No.270), known as the Public Auditorium Authorities Law, is repealed insofar as it relates to counties of the second class in which a city of the second class is located and to any city of the second class which is located in a county of the second class.

(b) All acts and parts of acts are repealed insofar as they are inconsistent with this act.

Section 11. This act shall take effect as follows:

(1) The amendment or addition of sections 511 and 2001(d) and Article XXX-A of the act shall take effect in 60 days.

(2) The repeal of the act of December 10, 1980 (P.L.1152, No.208), known as the Second Class County Prison Board Act, in section 10 of this act shall take effect in 60 days.

(3) The remainder of this act shall take effect immediately.

APPROVED--The 30th day of October, A. D. 2000.

THOMAS J. RIDGE