PRINTER'S NO.  2091

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1418

Session of

2010

  

  

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

  

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Requiring all public officers and employees to reside in this

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Commonwealth.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Residency requirement.

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(a)  General rule.--Any individual holding an office,

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employment or position in the executive, legislative or judicial

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branch of the Commonwealth, with an authority, board, agency,

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commission or instrumentality of the Commonwealth, including any

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State university, or with a political subdivision of the

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Commonwealth or an authority, board, agency, commission or

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instrumentality of the political subdivision shall have his or

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her principal residence in this Commonwealth.

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(b)  Principal residence.--

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(1)  For the purpose of subsection (a), an individual may

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have at most one principal residence, and the state of an

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individual's principal residence means the state:

 


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(i)  where the individual spends the majority of his

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or her nonworking time;

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(ii)  which is most clearly the center of his or her

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domestic life; and

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(iii)  which is designated as his or her legal

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address and legal residence for voting.

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(2)  The fact that a person is domiciled in this

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Commonwealth shall not by itself satisfy the requirement of

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principal residency under this section.

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Section 2.  Violation.

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(a)  Violation.--An individual holding or attempting to hold

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an office, employment or position in violation of this act shall

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be considered as illegally holding or attempting to hold the

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same, except as set forth in subsection (b) and except that an

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individual holding an office, employment or position in this

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Commonwealth shall have four months from the time of taking the

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office, employment or position to satisfy the requirement of

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principal residency, and if thereafter the individual fails to

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satisfy the requirement of principal residency with respect to

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any 365-day period, that individual shall be deemed unqualified

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for the office, employment or position and shall forfeit the

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office, employment or position.

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(b)  Exception.--An individual who, on the effective date of

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this act, does not have his or her principal residence in this

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Commonwealth but holds an office, employment or position

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described in section 1(a) shall have two years and six months

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from the effective date of this act to comply with the

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provisions of section 1(a).

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Section 3.  Existing contracts.

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Nothing in this act shall be deemed to affect or impair the

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provisions of any employment contract entered into prior to the

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effective date of this act.

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Section 4.  Nonapplicability.

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The provisions of section 1(a) do not apply to any officer or

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employee who, on the effective date of this act, holds an

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office, employment or position described in section 1(a) for

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which the grounds for termination are limited as specified by

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statute.

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Section 5.  Effective date.

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This act shall take effect immediately.

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