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, 

1and one person the office of recorder of deeds.

2(a.1) Notwithstanding subsection (a) or any other law, a
3county advancing from the fifth to fourth class as a result of
4census figures certified after the primary election in the year
5of a municipal election shall maintain the configuration of
6offices in effect in the county until the year in which the
7offices are next up for election, at which time offices in the
8county shall be held in accordance with subsection (a) or any
9other general law applicable to the holding of offices and to
10the classification of the county.

11(a.2) Notwithstanding subsection (a) or (a.1) or any other
12law, the county commissioners of a county advancing from the
13fifth to fourth class may adopt a resolution providing that one
14person shall continue to hold the offices of prothonotary and
15clerk of courts, unless local law applying to such counties
16shall otherwise provide.

<-17(a.3) Notwithstanding subsection (a) or (a.1) or any other
18law, the county commissioners of a county advancing from the
19fifth to fourth class may adopt a resolution providing that one
20person shall hold the offices of register of wills, recorder of
21deeds and clerk of the orphans' court, unless local law applying
22to such counties shall otherwise provide.

23(b) In counties of the fifth class, one person shall hold
24the offices of prothonotary and clerk of [the court of oyer and
25terminer and quarter sessions] courts, one person the offices of
26register of wills and clerk of the orphans' court, and one
27person the office of recorder of deeds, unless local law
28applying to such counties shall otherwise provide.

<-29(b.1) Notwithstanding subsection (b) or any other law, the
30county commissioners of a county advancing from the sixth to the

1fifth class may adopt a resolution providing that one person
2shall continue to hold the offices of register of wills,
3recorder of deeds and clerk of the orphans' court, unless local
4law applying to such counties shall otherwise provide.

5(c) In counties of the sixth and seventh classes, one person
6shall hold the offices of prothonotary and clerk of [the court
7of oyer and terminer and quarter sessions] courts, and one
8person the offices of register of wills, recorder of deeds and
9clerk of the orphans' court, unless local laws applying to such
10counties shall otherwise provide.

11(d) In counties of the eighth class, one person shall hold
12the offices of prothonotary, clerk of [the court of oyer and
13terminer and general quarter sessions] courts, clerk of the
14orphans' court, register of wills and recorder of deeds, unless
15local laws applying to such counties shall otherwise provide.

16(e) This section does not repeal any of the provisions of
17section one of the act, approved July two, one thousand eight
18hundred thirty-nine (Pamphlet Laws 559), entitled "An act to
19provide for the election of prothonotaries, clerks, recorders
20and registers," nor any of the provisions of any other local
21law.

22(f) Any county in which the offices provided for herein are
23not now held as hereinbefore provided, and which desires to
24provide for the holding of two or more of said county offices by
25the same person, may, at any time hereafter, accept the
26provisions of this section in whole or in part, and provide for
27the holding of its county offices, or any of them, in the manner
28provided in this section for the class of counties to which it
29belongs. <-The recombining of the offices that have been separated 
30shall take effect in the year in which the offices are next up 

1for election, at which time offices in the county shall be held 
2in accordance with the subsection authorizing the combining of 
3the offices or any other general law applicable to the holding 
4of offices and to the classification of the county.

5(g) The proceedings to accept the provisions of this section
6and to join its offices or any of them, as herein provided,
7shall be in all respects as provided in section one thousand
8three hundred three of this act for the acceptance of the
9provisions of that section. Upon the expiration of the term of
10any county officer affected by such proceeding, his office shall
11be joined to the other whose term still continues, and no
12successor shall be elected, or, if the terms of all officers
13affected expire at the same time, then upon such expiration such
14offices shall be joined and occupied by one person elected at
15the preceding municipal election for such purpose.

16Section 2. This act shall take effect in 60 days.