16 Pa.C.S. Ch. 3

16 Pa.C.S. Ch. 3
in effect

16 Pa.C.S. § 3 Continuation of prior law.

The addition of 16 Pa.C.S. Ch. 13 is a continuation of the act of April 8, 1868 (P.L.73, No.37). The following apply: (1) Except as otherwise provided in 16 Pa.C.S. Ch. 13, all activities initiated under the act of April 8, 1868 (P.L.73, No.37), shall continue and remain in full force and effect and may be completed under 16 Pa.C.S. Ch. 13. Orders, regulations, rules and decisions which were made under the the act of April 8, 1868 (P.L.73, No.37), and which are in effect on the effective date of this section, shall remain in full force and effect until revoked, vacated or modified under 16 Pa.C.S. Ch. 13. Contracts, obligations and collective bargaining agreements entered into under the act of April 8, 1868 (P.L.73, No.37), are not affected nor impaired by the repeal of the act of April 8, 1868 (P.L.73, No.37). (2) Except as set forth in paragraph (3), any difference in language between 16 Pa.C.S. Ch. 13 and the act of April 8, 1868 (P.L.73, No.37), is intended only to conform to the style of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the act of April 8, 1868 (P.L.73, No.37). (3) Paragraph (2) does not apply to the addition of: (i) The definition of "discharge" under 16 Pa.C.S.

16 Pa.C.S. § 301 Enumeration of counties.

The Commonwealth shall be divided into 67 named counties, as now established by law. The counties shall be Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Delaware, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, McKean, Mercer, Mifflin, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming and York. Cross References. Section 301 is referred to in section 102 of this title.

16 Pa.C.S. § 310 Counties divided into nine classes.

For the purposes of legislation and the regulation of a county's affairs, counties of this Commonwealth, now in existence and counties to be created, shall be divided into nine classes as follows: (1) First class counties, having a population of at least 1,500,000 inhabitants. (2) Second class counties, having a population of at least 1,000,000 but less than 1,500,000 inhabitants. (3) Second class A counties, having a population of at least 500,000 but less than 1,000,000 inhabitants. (4) The following shall apply: (i) Third class counties, having a population of at least 210,000 but less than 500,000 inhabitants. (ii) After the results of a Federal decennial census are published, a county of the third class having a population of at least 500,000 inhabitants may elect not to become a county of the second class A by enacting an ordinance or adopting a resolution of the county commissioners not later than February 15 of the year following the year in which the figures from the Federal decennial census are certified by the United States Department of Commerce and available. (5) Fourth class counties, having a population of at least 145,000 but less than 210,000 inhabitants. (6) Fifth class counties, having a population of at least 90,000 but less than 145,000 inhabitants. (7) Sixth class counties, having: (i) a population of at least 45,000 but less than 90,000 inhabitants; and (ii) having a population of at least 35,000 but less than 45,000 inhabitants which by ordinance or resolution of the county commissioners elect to be a county of the sixth class. (8) Seventh class counties, having: (i) a population of at least 20,000 but less than 45,000 inhabitants; and (ii) having a population of at least 35,000 but less than 45,000 inhabitants which have not elected to be a county of the sixth class. (9) Eighth class counties, having a population of less than 20,000 inhabitants. Cross References. Section 310 is referred to in sections 102, 311 of this title.

16 Pa.C.S. § 311 Ascertainment, certification and effect of change of class.

(a) Ascertainment.--The classification of counties shall be ascertained and fixed according to population by reference to the Federal decennial census under this section, less the number of individuals residing on lands that have been ceded to the United States. (b) Certification.-- (1) The Governor, under the great seal of this Commonwealth, shall certify the following to the county commissioners on or before October 1 of the year succeeding the year in which the Federal decennial census was taken: (i) that a Federal decennial census shows that a county has attained a population entitling the county to an advance in classification; or (ii) that the last two preceding Federal decennial censuses show that a county has decreased in population so as to recede in classification, as provided under this section. (2) The county commissioners shall forward the certificate under paragraph (1) to the recorder of deeds, and the certificate shall be recorded in the recorder's office. (c) Intent.--It is recognized that a change in the form of local government is attended by certain expense and hardship and the change should not be occasioned by a temporary fluctuation in population. Therefore, it is the intent of this section that the classification of a county may not be changed because its population has decreased at the time of one Federal decennial census, but rather only after the change is demonstrated by two Federal decennial censuses that the population of a county has remained below the minimum figure of its class for at least a decade. (d) Change in class.-- (1) Changes of class ascertained and certified shall take effect on January 1 next following the year in which the change was certified by the Governor to the county commissioners, except that the salaries of county officers may not be increased or decreased during the term for which the county officers have been elected. (2) In the municipal election following the certification of change of class and preceding the effective date of the change, the proper number of individuals shall be elected to fill an elective office which will exist in the county by the change of classification certified. An election may not be held for an office which will be abolished as a result of a change of classification. (e) Delayed 2020 Federal decennial census.--Unless the board of commissioners of a county meeting the requisite county population levels in section 310 (relating to counties divided into nine classes) enacts an ordinance or adopts a resolution approving a change of classification prior to February 22, 2022, as a result of the delays in the 2020 Federal decennial census and the COVID-19 pandemic, the classification of all counties as of October 1, 2021, shall remain unchanged until the 2030 census, at which time the procedures established in subsections (a), (b), (c) and (d) shall apply. For the purposes of determining whether a county has decreased in population so as to recede in classification under subsections (b) and (c) following the 2030 decennial census, both the 2020 and 2030 decennial censuses shall be considered. Cross References. Section 311 is referred to in section 102 of this title.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=16Fetched: 10/16/2026