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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 4637                      PRINTER'S NO. 4750

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2978 Session of 2004


        INTRODUCED BY BIRMELIN, NOVEMBER 8, 2004

        SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, NOVEMBER 17, 2004

                                     AN ACT

     1  Amending Title 42 (Judiciary and Judicial Procedure) of the
     2     Pennsylvania Consolidated Statutes, providing for expenses
     3     for district justices AND FOR SENIOR DISTRICT JUSTICES; and    <--
     4     making a related repeal.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 42 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 1524.  Expenses while temporarily assigned.
    10     Any district justice temporarily assigned to sit outside the
    11  political subdivision in which the justice's magisterial
    12  district is located shall be paid by the county in which
    13  magisterial district the justice is temporarily assigned the
    14  actual, accountable expenses, not to exceed $50 per day, and
    15  mileage at rates to be established by the Administrative Office
    16  but not in excess of the applicable maximum mileage rate
    17  authorized by the Federal Government.


     1     SECTION 2.  SECTION 4122(B) OF TITLE 42 IS AMENDED TO READ:    <--
     2  § 4122.  ASSIGNMENT OF DISTRICT JUSTICES.
     3     * * *
     4     (B)  SENIOR DISTRICT JUSTICES.--A SENIOR DISTRICT JUSTICE WHO
     5  SHALL NOT HAVE BEEN DEFEATED FOR REELECTION OR BEEN SUSPENDED OR
     6  REMOVED FROM OFFICE MAY, WITH HIS CONSENT, BE ASSIGNED ON
     7  TEMPORARY MAGISTERIAL SERVICE PURSUANT TO SUBSECTION (A). A
     8  SENIOR DISTRICT JUSTICE SHALL BE PAID A PER DIEM SALARY AT THE
     9  SAME ANNUAL RATE AS IS APPLICABLE IN THE DISTRICT WHERE HE IS
    10  TEMPORARILY ASSIGNED AND SHALL RECEIVE EXPENSES AT THE SAME PER
    11  DIEM RATE AS OTHER JUSTICES TEMPORARILY ASSIGNED. ANY SENIOR
    12  DISTRICT JUSTICE TEMPORARILY ASSIGNED TO SIT OUTSIDE THE
    13  POLITICAL SUBDIVISION IN WHICH THE SENIOR JUSTICE'S RESIDENCE IS
    14  LOCATED SHALL BE PAID BY THE COUNTY IN WHICH MAGISTERIAL
    15  DISTRICT THE SENIOR JUSTICE IS TEMPORARILY ASSIGNED MILEAGE AT
    16  RATES TO BE ESTABLISHED BY THE ADMINISTRATIVE OFFICE BUT NOT IN
    17  EXCESS OF THE APPLICABLE MAXIMUM MILEAGE RATE AUTHORIZED BY THE
    18  FEDERAL GOVERNMENT.
    19     * * *
    20     Section 2 3.  Section 206 of the act of July 15, 1976          <--
    21  (P.L.1014, No.204), known as the Magisterial District Reform
    22  Act, is repealed.
    23     Section 3 4.  This act shall take effect immediately.          <--





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