AN ACT

 

1Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
2as amended, "An act relating to counties of the first, third,
3fourth, fifth, sixth, seventh and eighth classes; amending,
4revising, consolidating and changing the laws relating
5thereto; relating to imposition of excise taxes by counties,
6including authorizing imposition of an excise tax on the
7rental of motor vehicles by counties of the first class; and
8providing for regional renaissance initiatives," in
9prothonotary, clerks of courts, clerk of orphans' court,
10register of wills, recorder of deeds, further providing for
11how offices to be held.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1.  Section 1302 of the act of August 9, 1955
15(P.L.323, No.130), known as The County Code, amended July 7, 
162011 (P.L.268, No.55), is amended to read:

17Section 1302.  How Offices to Be Held.--(a)  In counties of 
18the third and fourth classes, one person shall hold the office 
19of prothonotary, one person the office of clerk of [the court of 
20oyer and terminer and quarter sessions] courts, one person the 
21offices of register of wills and clerk of the orphans' court, 
22and one person the office of recorder of deeds.

1(a.1)  Notwithstanding subsection (a) or any other law, a
2county advancing from the fifth to fourth class as a result of
3census figures certified after the primary election in the year
4of a municipal election shall maintain the configuration of
5offices in effect in the county until the year in which the
6offices are next up for election, at which time offices in the
7county shall be held in accordance with subsection (a) or any
8other general law applicable to the holding of offices and to
9the classification of the county.

10(a.2)  Notwithstanding subsection (a) or (a.1) or any other
11law, the county commissioners of a county advancing from the
12fifth to fourth class may adopt a resolution providing that one
13person shall continue to hold the offices of prothonotary and
14clerk of courts, unless local law applying to such counties
15shall otherwise provide.

16(b)  In counties of the fifth class, one person shall hold
17the offices of prothonotary and clerk of [the court of oyer and
18terminer and quarter sessions] courts, one person the offices of
19register of wills and clerk of the orphans' court, and one
20person the office of recorder of deeds, unless local law
21applying to such counties shall otherwise provide.

22(c)  In counties of the sixth and seventh classes, one person
23shall hold the offices of prothonotary and clerk of [the court
24of oyer and terminer and quarter sessions] courts, and one
25person the offices of register of wills, recorder of deeds and
26clerk of the orphans' court, unless local laws applying to such
27counties shall otherwise provide.

28(d)  In counties of the eighth class, one person shall hold
29the offices of prothonotary, clerk of [the court of oyer and
30terminer and general quarter sessions] courts, clerk of the

1orphans' court, register of wills and recorder of deeds, unless
2local laws applying to such counties shall otherwise provide.

3(e)  This section does not repeal any of the provisions of
4section one of the act, approved July two, one thousand eight
5hundred thirty-nine (Pamphlet Laws 559), entitled "An act to
6provide for the election of prothonotaries, clerks, recorders
7and registers," nor any of the provisions of any other local
8law.

9(f)  Any county in which the offices provided for herein are
10not now held as hereinbefore provided, and which desires to
11provide for the holding of two or more of said county offices by
12the same person, may, at any time hereafter, accept the
13provisions of this section in whole or in part, and provide for
14the holding of its county offices, or any of them, in the manner
15provided in this section for the class of counties to which it
16belongs.

17(g)  The proceedings to accept the provisions of this section
18and to join its offices or any of them, as herein provided,
19shall be in all respects as provided in section one thousand
20three hundred three of this act for the acceptance of the
21provisions of that section. Upon the expiration of the term of
22any county officer affected by such proceeding, his office shall
23be joined to the other whose term still continues, and no
24successor shall be elected, or, if the terms of all officers
25affected expire at the same time, then upon such expiration such
26offices shall be joined and occupied by one person elected at
27the preceding municipal election for such purpose.

28Section 2.  This act shall take effect in 60 days.