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                                                       PRINTER'S NO. 464

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 412 Session of 1997


        INTRODUCED BY CALTAGIRONE, MARKOSEK, DeLUCA, LEDERER, STABACK,
           LUCYK, GEIST, OLASZ, DALEY, YOUNGBLOOD, MELIO, ROONEY, PESCI,
           SHANER, MANDERINO, COLAFELLA, VAN HORNE, WOGAN, McCALL,
           LAUGHLIN, TRELLO, MIHALICH, PISTELLA, LEVDANSKY, JAMES,
           B. SMITH AND BOSCOLA, FEBRUARY 11, 1997

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 11, 1997

                                     AN ACT

     1  Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
     2     "An act concerning elections, including general, municipal,
     3     special and primary elections, the nomination of candidates,
     4     primary and election expenses and election contests; creating
     5     and defining membership of county boards of elections;
     6     imposing duties upon the Secretary of the Commonwealth,
     7     courts, county boards of elections, county commissioners;
     8     imposing penalties for violation of the act, and codifying,
     9     revising and consolidating the laws relating thereto; and
    10     repealing certain acts and parts of acts relating to
    11     elections," increasing the compensation of election officers;
    12     and exempting the compensation from certain taxes.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 412.1(a) of the act of June 3, 1937
    16  (P.L.1333, No.320), known as the Pennsylvania Election Code,
    17  added May 5, 1982 (P.L.374, No.108), is amended and the section
    18  is amended by adding a subsection to read:
    19     Section 412.1.  Compensation of Election Officers.--(a)  In
    20  all counties, the compensation of judges, inspectors, clerks and
    21  machine inspectors shall be fixed by the county board of


     1  elections of the county at not less than the following: judge of
     2  elections, [forty-five dollars ($45.00)] ninety-five dollars
     3  ($95.00); inspectors and clerks, [forty dollars ($40.00)] ninety
     4  dollars ($90.00); and machine operators, [forty dollars
     5  ($40.00)] ninety dollars ($90.00); and not more than the
     6  following: judge of elections, [seventy dollars ($70.00)] one
     7  hundred twenty dollars ($120.00); inspectors and clerks, [sixty-
     8  five dollars ($65.00)] one hundred fifteen dollars ($115.00) and
     9  machine operators [sixty-five dollars ($65.00)], one hundred
    10  fifteen dollars (115.00); for each primary and election. The
    11  county board of elections may, in its discretion, establish
    12  different per diem rates within the above mentioned minima and
    13  maxima based on the number of votes cast for the following
    14  groups: 150 votes or less, 151 to 300 votes, 301 to 500 votes,
    15  501 to 750 votes, 751 and over.
    16     * * *
    17     (a.1)  Compensation paid to election officers under
    18  subsection (a) shall not be subject to the tax on personal
    19  income imposed under Article III of the act of March 4, 1971
    20  (P.L.6, No.2), known as the "Tax Reform Code of 1971" or to a
    21  tax on earned income levied under the act of December 31, 1965
    22  (P.L.1257, No.511), known as "The Local Tax Enabling Act" or any
    23  other act authorizing a tax on earned income.
    24     Section 2.  All acts and parts of acts are repealed insofar
    25  as they are inconsistent with this act.
    26     Section 3.  This act shall apply as follows:
    27         (1)  The amendment of section 412.1(a) of the act shall
    28     apply to elections taking place after May 1, 1997.
    29         (2)  The addition of section 412.1(a.1) of the act shall
    30     apply to tax years beginning on or after January 1, 1997.
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     1     Section 4.  This act shall take effect immediately.




















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