A02852
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1092
Session of
2015
INTRODUCED BY STEPHENS, D. COSTA, QUIGLEY, HARPER AND TOEPEL,
MAY 4, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 4, 2015
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
as amended, "An act relating to counties of the second class
and second class A; amending, revising, consolidating and
changing the laws relating thereto," in county officers,
further providing for compensation of elected officers and
for incompatible offices.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402(a) of the act of July 28, 1953
(P.L.723, No.230), known as the Second Class County Code, is
amended and the section is amended by adding a subsection to
read:
Section 1. Section 401.1 of the act of July 28, 1953
(P.L.723, No.230), known as the Second Class County Code, is
amended by adding a subsection to read:
Section 401.1. Compensation of Elected Officers.--* * *
(d) An officer elected or appointed in a county of the
second class A holding two compatible offices as determined
under section 402(a.2) shall be eligible to receive compensation
from only one of the two offices.
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Section 2. Section 402(a) of the act is amended and the
section is amended by adding subsections to read:
Section 402. Incompatible Offices.--(a) [No] In a county of
the second class, no elected county officer shall at the same
time serve as a member of the legislative body of any city,
borough, town or township of any class, nor as school director
of any school district, nor as a member of any board of health.
(a.1) In a county of the Second Class A, no county
commissioner, district attorney, controller or treasurer,
whether elected or appointed to fill a vacancy, shall at the
same time serve as a member of the legislative body of any city,
borough, town or township of any class, nor as school director
of any school district, nor as a member of any board of health.
(a.2) In a county of the Second Class A, an individual
serving as the prothonotary, clerk of courts, register of wills,
clerk of orphans' court, recorder of deeds, sheriff or coroner
may at the same time serve as a member of the legislative body
of any city, borough, town or township of any class, as a school
director of any school district or as a member of any board of
health, but shall recuse himself from any action that could
result in a conflict of interest between the two positions.
* * *
Section 2. This act shall take effect immediately.
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