| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY BOSCOLA, McILHINNEY, WASHINGTON, BROWNE, MENSCH, MELLOW, STACK, HUGHES, FARNESE, ALLOWAY AND RAFFERTY, JUNE 23, 2010 |
| |
| |
| REFERRED TO STATE GOVERNMENT, JUNE 23, 2010 |
| |
| |
| |
| AN ACT |
| |
1 | Requiring all public officers and employees to reside in this |
2 | Commonwealth. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Residency requirement. |
6 | (a) General rule.--Any individual holding an office, |
7 | employment or position in the executive, legislative or judicial |
8 | branch of the Commonwealth, with an authority, board, agency, |
9 | commission or instrumentality of the Commonwealth, including any |
10 | State university, or with a political subdivision of the |
11 | Commonwealth or an authority, board, agency, commission or |
12 | instrumentality of the political subdivision shall have his or |
13 | her principal residence in this Commonwealth. |
14 | (b) Principal residence.-- |
15 | (1) For the purpose of subsection (a), an individual may |
16 | have at most one principal residence, and the state of an |
17 | individual's principal residence means the state: |
|
1 | (i) where the individual spends the majority of his |
2 | or her nonworking time; |
3 | (ii) which is most clearly the center of his or her |
4 | domestic life; and |
5 | (iii) which is designated as his or her legal |
6 | address and legal residence for voting. |
7 | (2) The fact that a person is domiciled in this |
8 | Commonwealth shall not by itself satisfy the requirement of |
9 | principal residency under this section. |
10 | Section 2. Violation. |
11 | (a) Violation.--An individual holding or attempting to hold |
12 | an office, employment or position in violation of this act shall |
13 | be considered as illegally holding or attempting to hold the |
14 | same, except as set forth in subsection (b) and except that an |
15 | individual holding an office, employment or position in this |
16 | Commonwealth shall have four months from the time of taking the |
17 | office, employment or position to satisfy the requirement of |
18 | principal residency, and if thereafter the individual fails to |
19 | satisfy the requirement of principal residency with respect to |
20 | any 365-day period, that individual shall be deemed unqualified |
21 | for the office, employment or position and shall forfeit the |
22 | office, employment or position. |
23 | (b) Exception.--An individual who, on the effective date of |
24 | this act, does not have his or her principal residence in this |
25 | Commonwealth but holds an office, employment or position |
26 | described in section 1(a) shall have two years and six months |
27 | from the effective date of this act to comply with the |
28 | provisions of section 1(a). |
29 | Section 3. Existing contracts. |
30 | Nothing in this act shall be deemed to affect or impair the |
|
1 | provisions of any employment contract entered into prior to the |
2 | effective date of this act. |
3 | Section 4. Nonapplicability. |
4 | The provisions of section 1(a) do not apply to any officer or |
5 | employee who, on the effective date of this act, holds an |
6 | office, employment or position described in section 1(a) for |
7 | which the grounds for termination are limited as specified by |
8 | statute. |
9 | Section 5. Effective date. |
10 | This act shall take effect immediately. |
|