PRINTER'S NO. 1111
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 945
Session of
2023
INTRODUCED BY BROWN, HUTCHINSON, DUSH, KEARNEY AND COMITTA,
SEPTEMBER 22, 2023
REFERRED TO LOCAL GOVERNMENT, SEPTEMBER 22, 2023
AN ACT
1 Amending Title 16 (Counties) of the Pennsylvania Consolidated
2 Statutes, consolidating the act of August 9, 1955 (P.L.323,
3 No.130), known as The County Code; and making repeals.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Part I heading of Title 16 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 PART I
9 PRELIMINARY PROVISIONS
10 [(Reserved)]
11 Section 2. Part I of Title 16 is amended by adding chapters
12 to read:
13 CHAPTER 1
14 GENERAL PROVISIONS
15 Sec.
16 101. Scope of title.
17 102. Applicability.
18 102.1. Definitions.
 1 103. Excluded provisions.
2 104. Saving clause.
3 105. Holding of office.
4 106. Construction of references.
5 107. Constitutional construction.
6 108. Legislation according to class.
7 108.1. (Reserved).
8 § 101. Scope of title.
9 This title relates to counties.
10 § 102. Applicability.
11 Except for the following, this title does not apply to
12 counties of the first or second classes:
13 (1) Section 108 (relating to legislation according to
14 class).
15 (2) Sections 301 (relating to enumeration of counties),
16 310 (relating to counties divided into nine classes) and 311
17 (relating to ascertainment, certification and effect of
18 change of class).
19 (3) Subchapter B of Chapter 11 (relating to required
20 fiscal security for officers and employees).
21 (4) Part II (relating to counties of the first class).
22 (5) Part III (relating to counties of the second class).
23 (6) Chapter 139 (relating to coroner).
24 (7) Section 14301 (relating to district attorney,
25 qualifications, eligibility and compensation) or in section
26 17509 (relating to hotel room rental tax in second class and
27 second class A counties).
28 (8) Chapter 171 (relating to Southwestern Pennsylvania
29 Regional Renaissance Initiative).
30 (9) Chapter 173 (relating to third class county
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 1 convention center authorities).
2 § 102.1. Definitions.
3 The following words and phrases when used in this title shall
4 have the meanings given to them in this section unless the
5 context clearly indicates otherwise:
6 "County Code." The former act of August 9, 1955 (P.L.323,
7 No.130), known as The County Code.
8 "Municipal corporation." A city, borough, incorporated town,
9 township of the first or second class or a home rule or optional
10 charter municipality other than a county.
11 "Municipality." A municipal corporation or county.
12 "Recreation places." The term includes public parks,
13 parkways, bridle paths, horse show rings, footpaths,
14 playgrounds, playfields, gymnasiums, public baths, swimming
15 pools, agricultural fairgrounds or other indoor or outdoor
16 recreation centers.
17 "Street." A street, road, lane, court, cul-de-sac, alley,
18 public way or public square.
19 § 103. Excluded provisions.
20 This title does not include any provisions of, and may not be
21 construed to repeal:
22 (1) Article XIII.1 of the act of April 9, 1929 (P.L.343,
23 No.176), known as The Fiscal Code.
24 (2) Except as otherwise provided in section 3903 of the
25 County Code, the act of June 3, 1937 (P.L.1333, No.320),
26 known as the Pennsylvania Election Code.
27 (3) The act of August 24, 1951 (P.L.1304, No.315), known
28 as the Local Health Administration Law.
29 (4) Any law relating to the fees of county officers,
30 except any acts repealed by former Article XXXIX of the
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 1 County Code.
2 (5) Except if expressly provided, any law relating to
3 the collection of municipal and tax claims.
4 (6) Any law relating to the assessment and valuation of
5 property and persons for taxation.
6 (7) Any law relating to the giving of county consent to
7 public utilities.
8 (8) Any law relating to State highways.
9 (9) Any law relating to the validation of elections,
10 bonds, resolutions and accounts of corporate officers.
11 (10) Any law relating to collections by county officers
12 of money for the Commonwealth, and the issuance of State
13 licenses.
14 (11) Any law relating to the government and regulation
15 of or commitment to jails, prisons and other correctional
16 institutions and maintenance and care of prisoners or inmates
17 in jails, prisons and other correctional institutions.
18 (12) Any law relating to civil and criminal procedure,
19 except special provisions concerning action.
20 (13) Any law relating to joint county and municipal
21 buildings and works.
22 (14) Any law relating to county libraries, except law
23 libraries.
24 (15) Any law relating to the recording of deeds,
25 mortgages or other instruments in writing.
26 (16) Any law relating to the rebinding, reindexing and
27 transcribing of records in county offices.
28 (17) Any temporary law.
29 (18) Any amendment or supplement of any of the laws
30 referred to in this section.
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 1 (19) 53 Pa.C.S. Pt. VII Subpt. B (relating to
2 indebtedness and borrowing).
3 (20) 66 Pa.C.S. Pt. I (relating to public utility code).
4 § 104. Saving clause.
5 (a) Continuation.--This title, as far as the provisions of
6 this title are the same as the provisions of laws in existence
7 on January 1, 1956, shall be construed as a continuation of the
8 laws, and not as a new enactment. The repeal by the County Code
9 of any provisions of law, may not revive any law repealed or
10 superseded prior to January 1, 1956, nor affect the existence or
11 class of any county created prior to January 1, 1956. This title
12 may not affect any act done, liability incurred or right accrued
13 or vested, nor affect any suit or prosecution, pending or to be
14 instituted, to enforce any right or penalty or punish any
15 offense under the authority of the repealed laws.
16 (b) Local laws.--Each ordinance, resolution, regulation and
17 rule, made under an act repealed by the County Code, shall
18 continue with the same force and effect as if the act had not
19 been repealed. Each local act applying to particular counties,
20 not specifically repealed, shall continue in force, and any
21 provisions of this title inconsistent with local laws may not
22 apply to the counties affected by the local laws, unless the
23 application is clearly indicated.
24 (c) Remain in force.--All acts and parts of acts relating to
25 counties, or to particular classes of counties, in force as of
26 January 1, 1956, and not repealed by the County Code, shall
27 remain in force in the same manner and with the same effect as
28 prior to the adoption of the County Code.
29 (d) Second Class County Code.--This title shall be
30 considered a continuation of the act of July 28, 1953 (P.L.723,
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 1 No.230), known as the Second Class County Code, as it pertains
2 to second class A counties, except where otherwise expressly
3 provided. The repeal of the Second Class County Code as it
4 relates to second class A counties by former section 3901 of the
5 County Code may not be construed as modifying or repealing any
6 term of office, power, ordinance, rule or regulation of home
7 rule counties or counties of the second class A existing on
8 December 24, 2018.
9 § 105. Holding of office.
10 An individual holding an elective office under the County
11 Code shall continue to hold the office until the expiration of
12 the individual's term, subject to the conditions and salary
13 attached to the office prior to October 24, 2018.
14 § 106. Construction of references.
15 If reference is made to any act, the reference shall also
16 apply to and include any codifications in which the provisions
17 of the act referred to are substantially reenacted or to
18 reenactments, revisions or amendments of the act.
19 § 107. Constitutional construction.
20 The provisions of this title shall be severable, and, if any
21 of its provisions are held to be unconstitutional, the decision
22 of the court may not affect the validity of the remaining
23 provisions of this title. It is declared as a legislative intent
24 that this title would have been adopted by the General Assembly
25 had the unconstitutional provisions not been included within
26 this title.
27 § 108. Legislation according to class.
28 The affairs of counties shall be legislated for and regulated
29 by general laws, applicable to each county, or to particular
30 classes, as fixed and appointed by this title. Each law adopted
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 1 by the General Assembly for one or more of the classes fixed and
2 appointed by this title shall be deemed to be general laws.
3 § 108.1. (Reserved).
4 CHAPTER 3
5 NAMES AND CORPORATE POWERS
6 AND CLASSIFICATION OF COUNTIES
7 Subchapter
8 A. Division of Commonwealth into Counties and Corporate
9 Powers
10 B. Classification
11 SUBCHAPTER A
12 DIVISION OF COMMONWEALTH INTO
13 COUNTIES AND CORPORATE POWERS
14 Sec.
15 301. Enumeration of counties.
16 § 301. Enumeration of counties.
17 The Commonwealth shall be divided into 67 named counties, as
18 now established by law. The counties shall be Adams, Allegheny,
19 Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks,
20 Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion,
21 Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin,
22 Delaware, Elk Erie, Fayette, Forest Franklin, Fulton, Greene,
23 Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster,
24 Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer,
25 Mifflin, Monroe, Montgomery, Montour, Northampton,
26 Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill,
27 Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango,
28 Warren, Washington, Wayne, Westmoreland, Wyoming and York.
29 SUBCHAPTER B
30 CLASSIFICATION
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 1 Sec.
2 310. Counties divided into nine classes.
3 311. Ascertainment, certification and effect of change of
4 class.
5 § 310. Counties divided into nine classes.
6 For the purposes of legislation and the regulation of a
7 county's affairs, counties of this Commonwealth, now in
8 existence and counties to be created, shall be divided into nine
9 classes as follows:
10 (1) First Class Counties, having a population of at
11 least 1,500,000 inhabitants.
12 (2) Second Class Counties, having a population of at
13 least 1,000,000 but less than 1,500,000 inhabitants.
14 (3) Second Class A Counties, having a population of at
15 least 500,000 but less than 1,000,000 inhabitants.
16 (4) The following shall apply:
17 (i) Third Class Counties, having a population of at
18 least 210,000 but less than 500,000 inhabitants.
19 (ii) After the results of a Federal decennial census
20 are published, a county of the third class having a
21 population of at least 500,000 inhabitants may elect not
22 to become a county of the second class A by enacting an
23 ordinance or adopting a resolution of the county
24 commissioners not later than February 15 of the year
25 following the year in which the figures from the Federal
26 decennial census are certified by the United States
27 Department of Commerce and available.
28 (5) Fourth Class Counties, having a population of at
29 least 145,000 but less than 210,000 inhabitants.
30 (6) Fifth Class Counties, having a population of at
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 1 least 90,000 but less than 145,000 inhabitants.
2 (7) Sixth Class Counties, having:
3 (i) a population of at least 45,000 but less than
4 90,000 inhabitants; and
5 (ii) having a population of at least 35,000 but less
6 than 45,000 inhabitants which by ordinance or resolution
7 of the county commissioners elect to be a county of the
8 sixth class.
9 (8) Seventh Class Counties, having:
10 (i) a population of at least 20,000 but less than
11 45,000 inhabitants; and
12 (ii) having a population of at least 35,000 but less
13 than 45,000 inhabitants which have not elected to be a
14 county of the sixth class.
15 (9) Eighth Class Counties, having a population of less
16 than 20,000 inhabitants.
17 § 311. Ascertainment, certification and effect of change of
18 class.
19 (a) Ascertainment.--The classification of counties shall be
20 ascertained and fixed according to population by reference to
21 the Federal decennial census under this section, less the number
22 of individuals residing on lands that have been ceded to the
23 United States.
24 (b) Certification.--
25 (1) The Governor, under the great seal of this
26 Commonwealth, shall certify the following to the county
27 commissioners on or before October 1 of the year succeeding
28 the year in which the Federal decennial census was taken:
29 (i) that a Federal decennial census shows that a
30 county has attained a population entitling the county to
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 1 an advance in classification; or
2 (ii) that the last two preceding Federal decennial
3 censuses show that a county has decreased in population
4 so as to recede in classification, as provided under this
5 section.
6 (2) The county commissioners shall forward the
7 certificate under paragraph (1) to the recorder of deeds, and
8 the certificate shall be recorded in the recorder's office.
9 (c) Intent.--It is recognized that a change in the form of
10 local government is attended by certain expense and hardship and
11 the change should not be occasioned by a temporary fluctuation
12 in population. Therefore, it is the intent of this section that
13 the classification of a county may not be changed because its
14 population has decreased at the time of one Federal decennial
15 census, but rather only after the change is demonstrated by two
16 Federal decennial censuses that the population of a county has
17 remained below the minimum figure of its class for at least a
18 decade.
19 (d) Change in class.--
20 (1) Changes of class ascertained and certified shall
21 take effect on January 1 next following the year in which the
22 change was certified by the Governor to the county
23 commissioners, except that the salaries of county officers
24 may not be increased or decreased during the term for which
25 the county officers have been elected.
26 (2) In the municipal election following the
27 certification of change of class and preceding the effective
28 date of the change, the proper number of individuals shall be
29 elected to fill an elective office which will exist in the
30 county by the change of classification certified. An election
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 1 may not be held for an office which will be abolished as a
2 result of a change of classification.
3 (e) Delayed 2020 Federal decennial census.--Unless the board
4 of commissioners of a county meeting the requisite county
5 population levels in section 310 enacts an ordinance or adopts a
6 resolution approving a change of classification prior to
7 February 22, 2022, as a result of the delays in the 2020 Federal
8 decennial census and the COVID-19 pandemic, the classification
9 of all counties as of October 1, 2021, shall remain unchanged
10 until the 2030 census, at which time the procedures established
11 in subsections (a), (b), (c) and (d) shall apply. For the
12 purposes of determining whether a county has decreased in
13 population so as to recede in classification under subsections
14 (b) and (c) following the 2030 decennial census, both the 2020
15 and 2030 de