PRINTER'S NO.  1084

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

985

Session of

2011

  

  

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

  

  

REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011  

  

  

  

AN ACT

  

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Amending the act of July 28, 1953 (P.L.723, No.230), entitled,

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as amended, "An act relating to counties of the second class

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and second class A; amending, revising, consolidating and

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changing the laws relating thereto," further providing for

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vacancy in the office of county commissioner.

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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.  Section 501 of the act of July 28, 1953 (P.L.723,

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No.230), known as the Second Class County Code, is amended to

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read:

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

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commissioners shall be elected in the county in the year one

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thousand nine hundred and fifty-five and every fourth year

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thereafter. In the election of commissioners, each qualified

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

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persons having the highest number of votes shall be elected.

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(b)  [Any vacancy in the office of county commissioners shall

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be filled for the balance of the unexpired term by the court of

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common pleas of the county, by the appointment of an elector of

 


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the county who voted for the commissioner whose place is to be

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filled.] If any vacancy shall occur in the office of county

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commissioner by death, resignation, removal from the county or

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by failure to take the required oath or to give bond as provided

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by law or ordinance, or in any other manner whatsoever, the

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remaining county commissioners may appoint a successor and, upon

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the failure of the remaining county commissioners to make the

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appointment within thirty days after the vacancy occurs, the

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vacancy shall be filled within fifteen additional days by the

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vacancy board. The vacancy board shall consist of the remaining

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county commissioners and one elector of the county, who shall be

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appointed by the county commissioners at the board's first

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meeting each calendar year or as soon after that as practical

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and who shall act as chairperson of the vacancy board. If the

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vacancy board fails to fill the position within fifteen days,

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the chairperson or, if there is a vacancy in the position of

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chairperson, the remaining members of the vacancy board shall

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petition the court of common pleas to fill the vacancy. If two

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or more vacancies exist in the office of county commissioner,

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the court of common pleas shall fill the vacancies upon

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presentation of a petition signed by not less than fifteen

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electors of the county.

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(c)  With regard to the successor appointed in accordance

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

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commissioner, the following shall apply:

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

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

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shall have resided within the county for one year next preceding

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appointment.

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

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

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

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commissioner was elected.

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

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the unexpired term.

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

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