SENATE AMENDED PRIOR PRINTER'S NOS. 2629, 3651 PRINTER'S NO. 3790
No. 2005 Session of 2001
INTRODUCED BY ROSS, HERMAN, TANGRETTI, BARD, LESCOVITZ AND GORDNER, OCTOBER 5, 2001
SENATOR GERLACH, LOCAL GOVERNMENT, IN SENATE, AS AMENDED, APRIL 30, 2002
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled, 2 as amended, "An act relating to counties of the first, third, 3 fourth, fifth, sixth, seventh and eighth classes; amending, 4 revising, consolidating and changing the laws relating 5 thereto; relating to imposition of excise taxes by counties, 6 including authorizing imposition of an excise tax on the 7 rental of motor vehicles by counties of the first class; and 8 providing for regional renaissance initiatives," further <-- 9 providing for deputies to act in certain cases, for salaries 10 and compensation and for compensation of solicitors appointed 11 by county officers; and providing for investigative powers 12 relating to solid waste disposal. FURTHER PROVIDING FOR <-- 13 COMPENSATION OF SOLICITORS APPOINTED BY COUNTY OFFICERS. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 408 of the act of August 9, 1955 <-- 17 (P.L.323, No.130), known as The County Code, amended December 7, 18 1990 (P.L.633, No.163), is amended to read: 19 Section 408. Deputies to Act in Certain Cases.--(a) 20 Whenever any county officer is authorized or required to appoint 21 a deputy or deputies, such deputy or principal deputy, where 22 there are more than one, shall, during the necessary or
1 temporary absence of his principal, perform all duties of such 2 principal, including, but not limited to, signing of checks, 3 attendance and voting at board meetings and approval of 4 purchases where such duties are appropriate and also, in case of 5 a vacancy or as provided in section 401(b), until a successor is 6 qualified. While fulfilling these duties, in the case of a 7 vacancy, the deputy shall receive the salary provided by law for 8 the principal or the salary provided for the deputy, whichever 9 is greater. 10 (b) No person temporarily succeeding to any county office by 11 reason of the death, resignation or removal of the duly elected 12 or appointed officer, shall execute any of the duties of such 13 office until he has first taken oath and filed the bond required 14 of the principal officer. 15 Section 2. Section 1620 of the act, amended June 29, 1976 16 (P.L.460, No.115), is amended to read: 17 Section 1620. Salaries and Compensation.--The salaries and 18 compensation of county officers shall be as now or hereafter 19 fixed by law. The salaries and compensation of all appointed 20 officers and employes who are paid from the county treasury 21 including the salaries of any solicitor appointed pursuant to 22 this act which include sheriff, prothonotary, register of wills, 23 recorder of deeds, clerk of courts of quarter sessions and oyer 24 and terminer, coroner and county controller or a clerk of 25 orphans' court or the county auditors which shall maintain a 26 proportionality of at least equal to or greater than twenty-five 27 per centum of that of the county solicitor shall be fixed by the 28 salary board created by this act for such purposes: Provided, 29 however, That with respect to representation proceedings before 30 the Pennsylvania Labor Relations Board or collective bargaining 20010H2005B3790 - 2 -
1 negotiations involving any or all employes paid from the county 2 treasury, the board of county commissioners shall have the sole 3 power and responsibility to represent judges of the court of 4 common pleas, the county and all elected or appointed county 5 officers having any employment powers over the affected 6 employes. The exercise of such responsibilities by the county 7 commissioners shall in no way affect the hiring, discharging and 8 supervising rights and obligations with respect to such employes 9 as may be vested in the judges or other county officers. 10 Section 3. Section 1630 of the act, amended December 6, 1972 11 (P.L.1421, No.309), is amended to read: 12 Section 1630. Compensation of Solicitors Appointed by County 13 Officers.--The county commissioners [may] shall appropriate 14 money for the payment of any solicitor appointed pursuant to 15 this act by a county treasurer, sheriff, prothonotary, register 16 of wills, recorder of deeds, clerk of courts of quarter sessions 17 and oyer and terminer, coroner [or] and county controller, a 18 clerk of orphans' court or the county auditors. 19 Section 4. The act is amended by adding a section to read: 20 § 2102. Investigative powers relating to solid waste disposal. 21 The county commissioners may designate a county employee and 22 an authority established under 53 Pa.C.S. Ch. 56 (relating to 23 municipal authorities) and may designate an authority employee 24 with the investigative power granted to the Department of 25 Environmental Protection under section 1707 of the act of July 26 28, 1988 (P.L.556, No.101), known as the "Municipal Waste 27 Planning, Recycling and Waste Reduction Act," on property or 28 facilities that are presently permitted by the department under 29 the environmental laws and regulations of the Commonwealth in 30 order to investigate whether solid waste is being disposed of 20010H2005B3790 - 3 -
1 within the county in violation of the Municipal Waste Planning, 2 Recycling and Waste Reduction Act. Such designated employees are 3 authorized to share information gathered in this investigation 4 with their employer, State and local government officials and 5 the courts. 6 Section 5. This act shall take effect in 60 days. 7 SECTION 1. SECTION 1630 OF THE ACT OF AUGUST 9, 1955 <-- 8 (P.L.323, NO.130), KNOWN AS THE COUNTY CODE, AMENDED DECEMBER 6, 9 1972 (P.L.1421, NO.309), IS AMENDED TO READ: 10 SECTION 1630. COMPENSATION OF SOLICITORS APPOINTED BY COUNTY 11 OFFICERS.--THE COUNTY COMMISSIONERS MAY APPROPRIATE MONEY FOR 12 THE PAYMENT OF ANY SOLICITOR APPOINTED PURSUANT TO THIS ACT BY A 13 COUNTY TREASURER, SHERIFF, PROTHONOTARY, REGISTER OF WILLS, 14 RECORDER OF DEEDS, CLERK OF COURTS OF QUARTER SESSIONS AND OYER 15 AND TERMINER, CORONER [OR], A CLERK OF ORPHANS' COURT OR THE 16 COUNTY CONTROLLER OR THE COUNTY AUDITORS. 17 SECTION 2. THIS ACT SHALL TAKE EFFECT IN 60 DAYS. I18L16MSP/20010H2005B3790 - 4 -