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| PRIOR PRINTER'S NO. 1532 | PRINTER'S NO. 1922 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EICHELBERGER, ROBBINS, ERICKSON, STOUT AND WOZNIAK, DECEMBER 14, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, MAY 3, 2010 |
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| AN ACT |
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1 | Amending Title 16 (Counties) of the Pennsylvania Consolidated |
2 | Statutes, adding provisions for required fiscal security |
3 | through bonding, blanket bonding and insuring of elected and |
4 | appointed county officers and employees; providing for |
5 | determining the form, amount and payment of premiums for and |
6 | the filing and recording of the required security and for the |
7 | subsequent issuance of official commissions; and making |
8 | related repeals. |
9 | TABLE OF CONTENTS |
10 | TITLE 16 |
11 | COUNTIES |
12 | PART I. PRELIMINARY PROVISIONS (Reserved) |
13 | PART II. CREATION, ALTERATION AND FUNCTIONS (Reserved) |
14 | PART III. GOVERNMENT AND ADMINISTRATION |
15 | Subpart A. General Provisions |
16 | Chapter 11. General Provisions |
17 | Subchapter A. (Reserved) |
18 | Subchapter B. Required Fiscal Security for Officers and |
19 | Employees |
20 | § 1121. Short title and scope of subchapter. |
21 | § 1122. Definitions. |
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1 | § 1123. Required security. |
2 | § 1124. Official security and officers. |
3 | § 1125. Other county officers and employees, deputies and other |
4 | appointees of county officers. |
5 | § 1126. County officers and employees acting as agents. |
6 | § 1127. Bonds or blanket bond as security coverage. |
7 | § 1128. Insurance as security coverage. |
8 | § 1129. Form of required security. |
9 | § 1130. Amount of coverage. |
10 | § 1131. Custody and filing of required security documents. |
11 | § 1132. Payment of premiums and commissions on collections. |
12 | § 1133. Other requirements, references and approvals. |
13 | The General Assembly of the Commonwealth of Pennsylvania |
14 | hereby enacts as follows: |
15 | Section 1. Title 16 of the Pennsylvania Consolidated |
16 | Statutes is amended by adding parts to read: |
17 | PART I |
18 | PRELIMINARY PROVISIONS (Reserved) |
19 | PART II |
20 | CREATION, ALTERATION AND FUNCTIONS (Reserved) |
21 | PART III |
22 | GOVERNMENT AND ADMINISTRATION |
23 | Subpart |
24 | A. General Provisions |
25 | CHAPTER 11 |
26 | GENERAL PROVISIONS |
27 | Subchapter |
28 | A. (Reserved) |
29 | B. Required Fiscal Security for Officers and Employees |
30 | Sec. |
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1 | 1121. Short title and scope of subchapter. |
2 | 1122. Definitions. |
3 | 1123. Required security. |
4 | 1124. Official security and officers. |
5 | 1125. Other county officers and employees, deputies and other |
6 | appointees of county officers. |
7 | 1126. County officers and employees acting as agents. |
8 | 1127. Bonds or blanket bond as security coverage. |
9 | 1128. Insurance as security coverage. |
10 | 1129. Form of required security. |
11 | 1130. Amount of coverage. |
12 | 1131. Custody and filing of required security documents. |
13 | 1132. Payment of premiums and commissions on collections. |
14 | 1133. Other requirements, references and approvals. |
15 | § 1121. Short title and scope of subchapter. |
16 | (a) Short title of subchapter.--This subchapter shall be |
17 | known and may be cited as the County Officer and Employee Fiscal |
18 | Security Act. |
19 | (b) Scope of subchapter.--This subchapter applies to |
20 | security coverage and additional coverage in the form of bonds, |
21 | blanket bonds or insurance, protecting against events of loss of | <-- |
22 | money or property as a result of misconduct by officers and |
23 | employees in counties of the second class, second class A, third |
24 | class, fourth class, fifth class, sixth class, seventh class or |
25 | eighth class, including counties of these classes which have |
26 | adopted a home rule charter or an optional plan. |
27 | (c) Inapplicability.--This subchapter shall not apply to |
28 | bonds of county treasurers acting as tax collectors as provided |
29 | in section 4 of the act of May 25, 1945 (P.L.1050, No.394), |
30 | known as the Local Tax Collection Law. |
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1 | § 1122. Definitions. |
2 | The following words and phrases when used in this subchapter |
3 | shall have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | "Additional coverage." Insurance that covers each county |
6 | officer or employee who is required to receive, account for or |
7 | hold any money or property by virtue of his or her office or |
8 | employment and which, at a minimum, indemnifies the county |
9 | against the loss of money and property through robbery, burglary |
10 | and larceny. |
11 | "Blanket bond." Security coverage in the form of a bond for |
12 | county officers and employees as follows: |
13 | (1) for county officers and employees as a comprehensive |
14 | group; |
15 | (2) for a group of named county officers and employees; |
16 | or |
17 | (3) for county officers and employees in scheduled |
18 | positions. |
19 | "Bond." Security coverage under which a surety guarantees |
20 | the performance of a duty by a county officer or employee in |
21 | compliance with this subchapter. |
22 | "County." A county of the second class, second class A, |
23 | third class, fourth class, fifth class, sixth class, seventh |
24 | class or eighth class, including counties of these classes which |
25 | have adopted or may adopt a home rule charter or an optional |
26 | plan. |
27 | "County officers and employees." Elected and appointed |
28 | county officials, the deputies and other appointees of county |
29 | elected and appointed officials and county employees, whether |
30 | acting on behalf of the county or as agents of a Commonwealth |
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1 | agency or the judicial branch a governing authority, who are | <-- |
2 | required to receive, account for or hold any money or property |
3 | by virtue of their office or employment. |
4 | "Crime-fidelity insurance." Insurance that is endorsed with |
5 | faithful performance of duty coverage and which insures, at a |
6 | minimum, against events of loss of money or other property, |
7 | resulting from one or more fraudulent or dishonest acts, |
8 | including, but not limited to, embezzlement, theft, forgery, |
9 | similar acts of dishonesty or fraud by a county officer or |
10 | employee acting alone or in collusion with others, or from a |
11 | breach of fiduciary duty or a failure of a county officer or |
12 | employee to perform faithfully his or her the officer's or | <-- |
13 | employee's duties or to account properly for all money and |
14 | property received, held or required to be accounted for, by |
15 | virtue of his or her the officer's or employee's office or | <-- |
16 | employment. |
17 | "Governing authority." Includes: |
18 | (1) The Supreme Court. |
19 | (2) Any agency or unit of the unified judicial system |
20 | exercising a power or performing a duty under 42 Pa.C.S. § |
21 | 1721 (relating to delegation of powers). |
22 | "Governing body." The county board of commissioners or the |
23 | body vested with the legislative authority of the county in |
24 | counties which have adopted a home rule charter or an optional |
25 | plan. |
26 | "Home rule charter." A charter adopted under 53 Pa.C.S. Pt. |
27 | III Subpt. E (relating to home rule and optional plan |
28 | government) or its predecessor, the former act of April 13, 1972 |
29 | (P.L.184, No.62), known as the Home Rule Charter and Optional |
30 | Plans Law, or Article XXXI-C of the act of July 28, 1953 |
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1 | (P.L.723, No.230), known as the Second Class County Code. |
2 | "Judicial branch." The judicial branch specified in section | <-- |
3 | 10(c) of Article V of the Constitution of Pennsylvania. |
4 | "Money." Coin or currency of the United States or of any |
5 | other country, travelers checks, personal checks, bank checks |
6 | and bank notes in current use and having a face value, money |
7 | orders and securities. |
8 | "Official security." Security on behalf of a county officer |
9 | to provide protection from events of loss or misconduct when the |
10 | officer fails to faithfully perform the duties of the office. |
11 | "Optional plan." An optional plan adopted under 53 Pa.C.S. |
12 | Pt. III Subpt. E (relating to home rule and optional plan |
13 | government) or its predecessor, the former act of April 13, 1972 |
14 | (P.L.184, No.62), known as the Home Rule Charter and Optional |
15 | Plans Law. |
16 | "Required security." Security coverage and additional |
17 | coverage provided in compliance with this subchapter. |
18 | "Securities." All negotiable and nonnegotiable instruments |
19 | or contracts representing either money or other property, |
20 | including revenue and other stamps in current use, tokens and |
21 | tickets and evidences of debt issued in connection with credit |
22 | or charge cards, which cards are not issued by the county. |
23 | "Security coverage." A bond, a blanket bond or a crime- |
24 | fidelity insurance policy, which is endorsed with faithful |
25 | performance of duty coverage, provided in compliance with this |
26 | subchapter for the purpose of protecting against the loss of |
27 | money and other property sustained as a result of one or more |
28 | fraudulent or dishonest acts, including, but not limited to, |
29 | embezzlement, theft, forgery, similar acts of dishonesty or |
30 | fraud by a county officer or employee acting alone or in |
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1 | collusion with others or from a breach of fiduciary duty or a |
2 | failure of a county officer or employee to perform faithfully |
3 | his or her the officer's or employee's duties or to account | <-- |
4 | properly for all money and property received by virtue of his or | <-- |
5 | her the officer's or employee's position or employment. | <-- |
6 | § 1123. Required security. |
7 | (a) In general.--A county shall have the power and its duty | <-- |
8 | shall be to provide obtain security coverage and additional | <-- |
9 | coverage to for county officers and employees in accordance with | <-- |
10 | this subchapter. |
11 | (b) Security coverage.--Security coverage shall be provided |
12 | in accordance with the following: |
13 | (1) Section 1124 (relating to official security and |
14 | officers). |
15 | (2) Section 1125 (relating to other county officers and |
16 | employees; deputies and other appointees of county officers). |
17 | (3) Section 1126 (relating to county officers and |
18 | employees acting as agents). |
19 | (c) Additional coverage.--Supplemental to or as part of the |
20 | security coverage to be provided in accordance with this |
21 | subchapter, additional coverage in the form of adequate |
22 | insurance indemnifying against the loss of money and property |
23 | through robbery, burglary and larceny, shall be provided for |
24 | each county officer or employee who is required to receive, |
25 | account for or hold any money and other property by virtue of |
26 | his or her the officer's or employee's office or employment. | <-- |
27 | (d) Primary liability.-- |
28 | (1) Except as provided in paragraph (2), the county |
29 | shall be primarily liable for a claim for the loss of money |
30 | and property which a county officer or employee is required |
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1 | to receive, account for or hold by virtue of his or her the | <-- |
2 | officer's or employee's office or employment, to the extent |
3 | that the loss is or could have been the subject of required |
4 | security under this subchapter. |
5 | (2) The county shall not be primarily liable for a claim |
6 | for the loss of money and property under paragraph (1) to the |
7 | extent that recovery of the loss can be obtained from other |
8 | insurance or bond protection provided by the Commonwealth |
9 | agency or any other person or entity asserting a claim. |
10 | (3) With regard to the loss of money or property, |
11 | nothing in this subchapter shall be deemed to restrict or |
12 | diminish a county's right to reimbursement or subrogation or |
13 | to limit any right the county may have to be indemnified or |
14 | receive restitution for the loss. |
15 | § 1124. Official security and officers. |
16 | (a) Official security.--Each county shall obtain official |
17 | security in the form of bonds, a blanket bond or a crime- |
18 | fidelity insurance policy, which is endorsed with faithful |
19 | performance of duty coverage, on behalf of the officers set |
20 | forth in subsection (b) or the equivalent officers in home rule |
21 | or optional plans counties, whether elected, appointed or |
22 | appointed to fill a vacancy, before those officers enter upon | <-- |
23 | begin their official duties. | <-- |
24 | (b) Officers.--The following are the officers or equivalent |
25 | officers in home rule or optional plans counties upon whose |
26 | behalf official security shall be obtained in accordance with |
27 | subsection (a): |
28 | (1) Each county commissioner. |
29 | (2) The chief clerk of the county commissioners. |
30 | (3) The controller. |
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1 | (4) The county treasurer. |
2 | (5) The prothonotary of the court of common pleas. |
3 | (6) The sheriff. |
4 | (7) The coroner. |
5 | (8) The clerk of the courts of the court of common |
6 | pleas. |
7 | (9) The clerk of the orphans' court division of the |
8 | court of common pleas. |
9 | (10) The recorder of deeds. |
10 | (11) The register of wills. |
11 | (12) The probation Probation and parole officers, if | <-- |
12 | required by order of court to give bond to the county obtain | <-- |
13 | official security. |
14 | (13) The fire marshal and deputy fire marshals, if |
15 | required by law to give bond obtain official security. | <-- |
16 | (14) The secretary of the board of health and the health |
17 | officer in counties a county in which they are the secretary | <-- |
18 | is required by law to give bond obtain official security. | <-- |
19 | § 1125. Other county officers and employees, deputies and other | <-- |
20 | appointees of county officers. |
21 | With regard to A county shall obtain security coverage with | <-- |
22 | faithful performance of duty coverage for all county officers |
23 | and employees generally who are not subject to section 1124 | <-- |
24 | (relating to official security and officers), including the | <-- |
25 | deputies and other appointees in each county office, who are |
26 | required to receive, account for or hold any money and other |
27 | property by virtue of their office or employment, each county | <-- |
28 | shall obtain security coverage, in the form of a blanket bond or |
29 | a crime-fidelity insurance policy, with faithful performance of |
30 | duty coverage for all such officers, employees, deputies and |
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1 | appointees. |
2 | § 1126. County officers and employees acting as agents. |
3 | Each county shall obtain security, in the form of a bond, | <-- |
4 | blanket bond or a crime-fidelity insurance policy covering |
5 | coverage for county officers and employees acting as agents of a | <-- |
6 | Commonwealth agency or the judicial branch governing authority | <-- |
7 | in accordance with this subchapter or any other law, regulation |
8 | or rule requiring the posting of security in the form of a bond |
9 | or otherwise. |
10 | § 1127. Bonds or blanket bond as security coverage. |
11 | (a) In general.--A county may comply with section 1123(b) |
12 | (relating to required security) by providing bonds or a blanket |
13 | bond in accordance with the following: |
14 | (1) The bond or blanket bond shall be joint and several, |
15 | with one or more corporate sureties, which shall be surety | <-- |
16 | companies authorized to do business in this Commonwealth and |
17 | licensed by the Insurance Commissioner. |
18 | (2) The bond or blanket bond shall be conditioned upon |
19 | each of the following: |
20 | (i) The faithful performance of all duties required |
21 | of the person holding the office or position. |
22 | (ii) The just and faithful use, appropriation, | <-- |
23 | accounting or payment over, according to law, of all |
24 | moneys and balances and other property, which is required |
25 | to be received, accounted for or held by the officer or |
26 | employee by virtue of his or her the officer's or | <-- |
27 | employee's office or employment whether on behalf of the |
28 | county, the Commonwealth, any a political subdivision or | <-- |
29 | any other person. |
30 | (iii) The delivery to the successor or successors in | <-- |
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1 | office of all books, papers, documents or other official |
2 | things, whole, safe and undefaced, held in right of the |
3 | office. |
4 | (3) A bond or blanket bond shall be taken in the name of |
5 | the county and, in case of a breach of any of the conditions |
6 | thereof by the acts or neglect of the a principal or | <-- |
7 | principals on the bond, shall be for the use of the county, |
8 | the Commonwealth, any a political subdivision or any other | <-- |
9 | person as that person's interest shall otherwise appear. |
10 | (4) The county, the Commonwealth, any a political | <-- |
11 | subdivision or other interested persons may sue upon the bond |
12 | in its or their own names for its or their name or for its | <-- |
13 | own use. Acts of the General Assembly pertaining to actions |
14 | and limitations of actions upon official bonds given to the |
15 | Commonwealth shall apply to the bonds provided for in this |
16 | subchapter just as if they were given to the Commonwealth, |
17 | except as otherwise specifically provided in this subchapter. |
18 | (b) Combined offices.--In counties in which any one or more | <-- |
19 | of the county offices as set forth in section 1123(b) are | <-- |
20 | combined, if officers are covered by individual bonds, a single |
21 | bond covering the combined offices shall suffice for the officer |
22 | holding the combined offices. |
23 | § 1128. Insurance as security coverage. |
24 | A county may comply with section 1123(b) (relating to |
25 | required security) by providing crime-fidelity insurance for |
26 | county officers or employees in accordance with this subchapter. |
27 | § 1129. Form of required security. |
28 | The form and contents of a bond, a blanket bond or insurance |
29 | obtained in compliance with this subchapter shall be approved by |
30 | the governing body of the county, after review by the county | <-- |
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1 | solicitor and consultation with the county risk manager, if any. |
2 | In cases in which required security is being provided for a |
3 | county officer or employee who is acting as an agent for a |
4 | Commonwealth agency or the judicial branch, the relevant | <-- |
5 | governing authority, the Commonwealth agency or the appropriate | <-- |
6 | governing authority may review and comment on the form of the |
7 | required security. In approving the form and contents of a bond, | <-- |
8 | a blanket bond or insurance obtained in compliance with this |
9 | subchapter, the The governing body may refer to sample forms | <-- |
10 | that may be made available by the Department of State in the | <-- |
11 | approval process. |
12 | § 1130. Amount of coverage. |
13 | (a) Governing body.--The governing body shall have the power | <-- |
14 | and its duty shall be to establish a procedure pursuant to which |
15 | the governing body shall annually determine an the form and | <-- |
16 | amount of required security in whatever form that will be | <-- |
17 | reasonably sufficient to protect against the risks of loss to be | <-- |
18 | covered in compliance with this subchapter. |
19 | (b) Risk manager.--The governing body may appoint a risk |
20 | manager who, at the request of the governing body, shall compile |
21 | and submit information relevant to the determination of an |
22 | amount of required security under subsection (a). |
23 | (c) Consultation.--In determining the amount of required | <-- |
24 | security under this section To determine the amount of security | <-- |
25 | for a county officer or employee who is acting as an agent for a |
26 | Commonwealth agency or the judicial branch governing authority, | <-- |
27 | the governing body may, or the risk manager shall, if directed |
28 | by the governing body, give notice in writing provide written | <-- |
29 | notice to the secretary or head of the relevant Commonwealth | <-- |
30 | agency or the appropriate governing authority. The Commonwealth | <-- |
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1 | agency or governing authority may provide input concerning the |
2 | amount of security it believes is reasonably sufficient to |
3 | protect against the risks of loss to be covered in compliance | <-- |
4 | required to comply with this subchapter. Nothing in this | <-- |
5 | subchapter shall impair the right of a Commonwealth agency or | <-- |
6 | governing authority from approving the amount of required |
7 | security, if it is explicitly authorized by law to approve the |
8 | amount of a bond or other security of a county officer or |
9 | employee acting as its agent. |
10 | § 1131. Custody and filing of required security documents. |
11 | (a) Custody.--The governing body shall direct the chief |
12 | clerk or equivalent officer in a home rule or optional plan |
13 | county to present the documents evidencing required security |
14 | obtained in accordance with this subchapter to the recorder of |
15 | deeds or equivalent officer in a home rule or optional plan |
16 | county for recording. No tax, fee or other charge shall be |
17 | imposed for the recording of documents in compliance with this |
18 | section. After Following the recording, the documents evidencing | <-- |
19 | required security are recorded, they shall be returned to the |
20 | chief clerk or equivalent officer in a home rule or optional |
21 | plan county, who shall maintain the custody of these documents |
22 | on behalf of the governing body. |
23 | (b) Department of State filing of required security | <-- |
24 | documents and commissions.-- |
25 | (1) In satisfaction of compliance with section 809 of | <-- |
26 | the act of April 9, 1929 (P.L.177, No.175), known as The |
27 | Administrative Code of 1929, it shall be sufficient for a |
28 | copy of the recorded documents evidencing the required |
29 | security for county officers to be filed with the Department |
30 | of State in accordance with deadlines established by the |
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1 | department. |
2 | (2) No other filing or approvals, except as provided in |
3 | section 1133(c)(2) (relating to other requirements, |
4 | references and approvals) of documents evidencing the |
5 | required security for county officers, except that required |
6 | in accordance with paragraph (1), shall be required as a |
7 | condition to for the issuance of commissions to elected | <-- |
8 | county officials by the Department of State according to law. | <-- |
9 | (3) Notwithstanding the provision of any other law, no |
10 | tax, fee or other charge shall be imposed as a result of the |
11 | issuance of the commissions to elected county officials, and | <-- |
12 | no fee may be made imposed for the recording of required | <-- |
13 | security documents or commissions. |
14 | (c) Copies.--If requested by the Commonwealth agency or |
15 | governing authority of the judicial branch on whose behalf a | <-- |
16 | county officer or employee is acting as an agent, a copy of |
17 | recorded documents evidencing the required security shall be |
18 | provided by the chief clerk or the equivalent officer in a home |
19 | rule or optional plans county to the Commonwealth agency or |
20 | governing authority. No charge or fee shall be imposed for any |
21 | copy provided in accordance with this subsection. |
22 | (d) Filing by governing body.--The governing body shall have |
23 | the duty to file documents as required by this section. |
24 | (e) Retention of documents.--Documents evidencing required |
25 | security shall be held by the custodian thereof for the longer |
26 | of the following periods: |
27 | (1) For at least one year after the officer's term of |
28 | office or employee's period of employment and, in the case of |
29 | a county officer or employee who is acting as an agent for a |
30 | Commonwealth agency of the judicial branch or governing | <-- |
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1 | authority, for at least one year after the settlement of |
2 | accounts with the Commonwealth agency or the governing |
3 | authority. |
4 | (2) For the period of time required by the act of August |
5 | 14, 1963 (P.L.839, No.407), entitled "An act creating a |
6 | county records committee; imposing powers and duties upon it; |
7 | authorizing the Pennsylvania Historical and Museum Commission |
8 | to assist and cooperate with it; defining county records; and |
9 | authorizing the disposition of certain county records by |
10 | county officers in counties of the second to eighth class," |
11 | or the rules and regulations adopted pursuant thereto. |
12 | (f) Evidence.--A copy of original documents evidencing |
13 | required security, certified as true and correct by the |
14 | custodian thereof, or a copy of the recorded documents |
15 | evidencing required security, certified as true and correct by |
16 | the recorder of deeds, shall be competent evidence thereof in |
17 | any judicial proceeding, in the same manner as the original |
18 | would be if produced and offered in evidence. |
19 | (g) Sufficiency of filing and recording.--Notwithstanding |
20 | any other provision of law, it shall be sufficient to file and |
21 | record documents evidencing required security in accordance with |
22 | this subchapter without further acknowledgment, filing or |
23 | recording of these documents with any other county officer or |
24 | with any other Commonwealth agency, except as required by this |
25 | subchapter. |
26 | § 1132. Payment of premiums and commissions on collections. |
27 | (a) Premiums and costs.--The premiums and costs for all |
28 | forms of required security for county officials and employees |
29 | shall be paid by the county. The requirement of this subchapter |
30 | that a county acquire and pay the premiums and costs for |
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1 | required security shall not relieve a Commonwealth agency on |
2 | whose behalf a county officer or employee is acting as an agent |
3 | from an obligation, imposed by law, to procure insurance or |
4 | bonding protection. |
5 | (b) Commissions on collections.--Nothing in this subchapter |
6 | shall affect the right, provided for in any other law, of a |
7 | county officer or employee to retain a commission, for use of |
8 | the county, on amounts collected or transmitted as agent for a |
9 | Commonwealth agency. Notwithstanding the right to retain |
10 | commissions in accordance with this paragraph, no county officer |
11 | or employee shall be entitled to retain any additional sums from |
12 | amounts collected for or to be transmitted to the Commonwealth |
13 | agency for the purpose of paying premiums or costs related to |
14 | the acquisition of required security. |
15 | § 1133. Other requirements, references and approvals. |
16 | (a) Compliance with this subchapter.--A requirement in | <-- |
17 | another law, regulation or rule that a bond be provided by a |
18 | county officer or employee to secure the faithful performance of |
19 | duty or to act as the agent of a Commonwealth agency or the | <-- |
20 | judicial branch governing authority may be satisfied by | <-- |
21 | including this obligation within the coverage of required |
22 | security supplied in accordance with this subchapter. |
23 | (b) Reference to bonds.--Reference to bonds of county |
24 | officers and employees in any other law shall be construed and |
25 | read together with this subchapter, and if a conflict exists |
26 | between this subchapter and the reference to bonds of county |
27 | officers and employees in any other law, the provisions of this |
28 | subchapter shall prevail. |
29 | (c) Other approvals.--Notwithstanding any other provision of |
30 | law, the following shall apply to required security in the form |
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1 | of a bond, a blanket bond or insurance: |
2 | (1) Except as provided in paragraph (2), when required |
3 | security is obtained in compliance with this subchapter, it |
4 | shall not require the approval of any Commonwealth agency or |
5 | the Governor as to form, contents content or amount. | <-- |
6 | (2) If, by law, any other law explicitly authorizes a | <-- |
7 | Commonwealth agency or the Governor is explicitly authorized | <-- |
8 | to approve the amount of a bond or other security of a county |
9 | officer or employee, the amount of required security under |
10 | this subchapter shall be subject to approval by the |
11 | Commonwealth agency or the Governor, which approval shall not |
12 | be unreasonably withheld. |
13 | Section 2. Repeals are as follows: |
14 | (1) The General Assembly declares that the repeals under |
15 | paragraph (2) are necessary to effectuate the amendment or |
16 | addition of 16 Pa.C.S. Ch. 11 Subch. B. |
17 | (2) The following acts and parts of acts are repealed: |
18 | (i) Sections 420, 421, 422, 423, 424, 425, 426, 427, |
19 | 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 802, |
20 | 803, 804 of the act of August 9, 1955 (P.L.323, No.130), |
21 | known as The County Code. |
22 | (ii) Sections 420, 421, 422, 423, 424, 425, 426, |
23 | 427, 428, 429, 430, 431, 802, 803, 804, 1261 and 1262 of |
24 | the act of July 28, 1953 (P.L.723, No.230), known as the |
25 | Second Class County Code. |
26 | (iii) As much of section 3103 of the Second Class |
27 | County Code, as reads as follows: "The bond of the fire |
28 | marshal shall be in the sum of ten thousand dollars |
29 | ($10,000) and the bonds of the deputy fire marshals shall |
30 | be in the sum of five thousand dollars ($5000)." |
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1 | (3) All acts and parts of acts are repealed insofar as |
2 | they are inconsistent with this act. |
3 | Section 3. A county may, at any time after the effective |
4 | date of this section, obtain required security in accordance |
5 | with 16 Pa.C.S. Ch.11 Subch. B. A county shall have in place |
6 | required security in accordance with 16 Pa.C.S. Ch.11 Subch. B |
7 | prior to the time that any elected county official takes office |
8 | after the municipal election next following the effective date |
9 | of this section. Bonds and insurance, which, on the effective |
10 | date of this section, cover county officers and employees, shall |
11 | remain in force and effect until required security is purchased. |
12 | Section 4. This act shall take effect immediately. |
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