Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 6107-C - Charter limitations(a) The charter shall be subject to any limitations established by the Constitution of the United States and the Constitution of Pennsylvania.(b) The charter shall include the property tax rate limits for the county that are in effect at the effective date of this article. These limits are for general county purposes under section 1970 of this act, county institution districts under section 307 of the act of June 24, 1937 (P.L. 2017, No. 396), known as the "County Institution District Law," and community colleges under section 1909-A of the act of March 10, 1949 (P.L. 30, No. 14), known as the "Public School Code of 1949."(c) The charter shall include the assessment limitation provisions of section 3110-C as they apply to the county.(d) The charter shall not affect the hotel room rental tax under section 1970.2 or the sales and use tax under section 3152-B. (e) The charter shall maintain the integrity of municipal boundaries and shall prohibit the county from forcing annexation, merger or consolidation of municipalities.(f) The charter shall prohibit the county from exercising any power or function within a municipality that is being exercised by that municipality if the municipality elects by ordinance to be excluded from the county exercise of that power or function.(g) The charter shall be subject to 53 Pa.C.S. Ch. 29 Subch. E (relating to general powers and limitations of home rule charter municipalities).(h) With respect to the following subjects, the charter shall not give any power or authority to the county contrary to or in limitation or enlargement of powers granted by acts of the General Assembly which are applicable to counties of the second class:(1) The filing and collection of municipal tax claims or liens and the sale of real or personal property in satisfaction thereof.(2) The procedure in the exercise of the powers of eminent domain and the assessment of damages and benefits for property taken, injured or destroyed.(3) Boundary changes of municipalities.(4) The regulation of public schools.(5) The registration of electors and the conduct of elections.(6) The fixing of subjects of taxation.(7) The fixing of rates of nonproperty or personal taxes levied upon nonresidents.(8) The assessment of real or personal property and persons for taxation purposes.(9) Defining or providing for the punishment of any felony or misdemeanor.(10) Municipal planning under the provisions of the act of July 31, 1968 (P.L. 805, No. 247), known as the "Pennsylvania Municipalities Planning Code."(i) No county shall: (1) Engage in any proprietary or private business except as authorized by the General Assembly.(2) Exercise powers contrary to, or limitation or enlargement of, powers granted by acts of the General Assembly which are applicable in every part of this Commonwealth.(3) Be given the power to diminish the rights or privileges of any former employe entitled to benefits or any present employe in that former or present employe's pension or retirement system.(4) Enact or promulgate any ordinance or regulation with respect to definitions, sanitation, safety, health, standards of identity or labeling pertaining to the manufacture, processing, storage, distribution and sale of any foods, goods or services subject to any Commonwealth laws or regulations unless such ordinance or regulation is uniform in all respects with such Commonwealth laws and regulations. Nothing contained in this article shall be construed to in any way affect the power of any county to enact and enforce ordinances relating to building codes or any other safety, sanitation or health regulation pertaining thereto.(5) Enact any provision inconsistent with any statute heretofore enacted by the General Assembly affecting the rights, benefits or working conditions of any employe of a political subdivision of the Commonwealth.(j) Acts of the General Assembly in effect on the effective date of this article that are uniform and applicable in every part of this Commonwealth shall remain in effect and shall not be changed or modified by this article. Acts of the General Assembly enacted after the effective date of this article that are uniform and applicable in every part of this Commonwealth shall supersede any ordinance or resolution on the same subject.(k) No county shall enact any ordinance or take any other action dealing with the regulation of the transfer, ownership, transportation or possession of firearms.(l) No county which adopts a home rule charter may retroactively increase any fee or charge for any service which has been provided.(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.1953, July 28, P.L. 723, No. 230, § 3107-C, added 1997, May 20, P.L. 149, No. 12, § 3, imd. effective. Amended 2000, Oct. 30, P.L. 616, No. 85, § 8, retroactive effective 1/1/2000.