Changes in County Classification

66 Pa. D. & C.2d 415
Pennsylvania Department of Justice·Decided June 28, 1974·No. Official Opinion No. 33·Published

Opinion

PACKEL, Attorney General,

Former Commissioner of Elections James A. Green requested our opinion as to the procedure to be followed in certifying a seventh class county’s advance in classification to the sixth class when it exercises its option to so advance pursuant to section 210(6) of the County Code of August 9, 1955, P. L. 323, as amended, 16 PS §210(6). Section 210(6) provides that sixth class counties are:

“ [T] hose having a population of 45,000 and more but less than 95,000 inhabitants and those having a population of 35,000 and more but less than 45,000 inhabitants which by ordinance or resolution of the Board of County Commissioners elect to be a county of the sixth class.”

The option for counties with a population of 35,000 [416]*416but less than 45,000 was added to section 210 by the Act of September 9, 1971, P. L. 458 (No. 107).

Prior to Act No. 107 of 1971, advancement in classification was always automatic for any county whose population, based upon the decennial United States Census, had increased sufficiently to warrant placing it in a higher class. The procedure governing this advance in classification is set forth at section 211(b) of the County Code, 16 PS §211(b):

“Whenever it shall appear by any such census, that any county has attained a population entitling it to an advance in classification ... as herein prescribed, it shall be the duty of the governor, under the great seal of this Commonwealth, to certify that fact accordingly, to the board of county commissioners on or before the first day of October of the year succeeding that in which the census was taken or as soon thereafter as may be, which certificate shall be forwarded by the commissioners to the recorder of deeds and be recorded in his office.”

The change of class becomes effective “on the first day of January next following the year in which the change was so certified by the Governor”: 16 PS §211-(c).

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Changes in County Classification, 66 Pa. D. & C.2d 415 (Pa. 1974).

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Related

Commonwealth ex rel. Woodring v. Walter
118 A. 510 (Supreme Court of Pennsylvania, 1922)