THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BLAKE, ERICKSON, ROBBINS, EICHELBERGER AND WOZNIAK, APRIL 25, 2011

REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011  

AN ACT

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

as amended, "An act relating to counties of the first, third,

fourth, fifth, sixth, seventh and eighth classes; amending,

revising, consolidating and changing the laws relating

thereto; relating to imposition of excise taxes by counties,

including authorizing imposition of an excise tax on the

rental of motor vehicles by counties of the first class; and

providing for regional renaissance initiatives," further

providing for vacancy in the office of county commissioner.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 501 of the act of August 9, 1955

(P.L.323, No.130), known as The County Code, is amended to read:

Section 501.  Election; Vacancies.--(a)  Three county

commissioners shall be elected in each county in the year one

thousand nine hundred and fifty-five, and every fourth year

thereafter. In the election of commissioners, each qualified

elector shall vote for no more than two persons. The three

persons having the highest number of votes shall be elected.

(b)  [Any casual vacancy in the office of county

commissioners shall be filled, for the balance of the unexpired

term, by the court of common pleas of the county in which such

vacancy shall occur by the appointment of a registered elector

of the county who was a member of the same political party as

the commissioner whose place is to be filled at the time the

commissioner was elected.] If any vacancy shall occur in the

office of county commissioner, by death, resignation, removal

from the county or by failure to take the required oath or to

give bond as provided by law or ordinance, or in any other

manner whatsoever, the remaining county commissioners may

appoint a successor, and, upon the failure of the remaining

county commissioners to make the appointment within thirty days

after the vacancy occurs, the vacancy shall be filled within

fifteen additional days by the vacancy board. The vacancy board

shall consist of the remaining county commissioners and one

elector of the county, who shall be appointed by the county

commissioners at the board's first meeting each calendar year or

as soon after that as practical and who shall act as chairperson

of the vacancy board. If the vacancy board fails to fill the

position within fifteen days, the chairperson or, if there is a

vacancy in the position of chairperson, the remaining members of

the vacancy board shall petition the court of common pleas to

fill the vacancy. If two or more vacancies exist in the office

of county commissioner, the court of common pleas shall fill the

vacancies upon presentation of a petition signed by not less

than fifteen electors of the county.

(c)  With regard to the successor appointed in accordance

with subsection (b) to fill a vacancy in the office of county

commissioner, the following shall apply:

(1)  The successor shall be at least eighteen years of age, a

citizen of the United States and a resident of the county and

shall have resided within the county for one year next preceding

the successor's appointment.

(2)  The successor shall be a registered elector of the

county and shall be a member of the same political party as was

the commissioner whose place is to be filled at the time the

commissioner was elected.

(3)  The successor shall hold the office for the balance of

the unexpired term.

Section 2.  This act shall take effect in 60 days.