Bill Text: PA HB2731 | 2011-2012 | Regular Session | Introduced

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Bill Title: In prothonotary, clerks of courts, clerk of orphans' court, register of wills, recorder of deeds, further providing for how offices to be held.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Introduced - Dead) 2012-11-01 - Referred to LOCAL GOVERNMENT [HB2731 Detail]

Download: Pennsylvania-2011-HB2731-Introduced.html

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PRINTER'S NO. 4310
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2731 Session of2012
INTRODUCED BY BENNINGHOFF, CALTAGIRONE, CREIGHTON, DENLINGER, GILLEN, GINGRICH, HEFFLEY, LAWRENCE, MILLARD, MURT, ROCK, SCAVELLO AND SWANGER, NOVEMBER 1, 2012
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, NOVEMBER 1, 2012
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," in
prothonotary, clerks of courts, clerk of orphans' court,
register of wills, recorder of deeds, further providing for
how offices to be held.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1302 of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, amended July 7,
2011 (P.L.268, No.55), is amended to read:
Section 1302. How Offices to Be Held.--(a) In counties of
the third and fourth classes, one person shall hold the office
of prothonotary, one person the office of clerk of [the court of
oyer and terminer and quarter sessions] courts, one person the
offices of register of wills and clerk of the orphans' court,
and one person the office of recorder of deeds.
(a.1) Notwithstanding subsection (a) or any other law, a
county advancing from the fifth to fourth class as a result of
census figures certified after the primary election in the year
of a municipal election shall maintain the configuration of
offices in effect in the county until the year in which the
offices are next up for election, at which time offices in the
county shall be held in accordance with subsection (a) or any
other general law applicable to the holding of offices and to
the classification of the county.
(a.2) Notwithstanding subsection (a) or (a.1) or any other
law, the county commissioners of a county advancing from the
fifth to fourth class may adopt a resolution providing that one
person shall continue to hold the offices of prothonotary and
clerk of courts, unless local law applying to such counties
shall otherwise provide.
(b) In counties of the fifth class, one person shall hold
the offices of prothonotary and clerk of [the court of oyer and
terminer and quarter sessions] courts, one person the offices of
register of wills and clerk of the orphans' court, and one
person the office of recorder of deeds, unless local law
applying to such counties shall otherwise provide.
(c) In counties of the sixth and seventh classes, one person
shall hold the offices of prothonotary and clerk of [the court
of oyer and terminer and quarter sessions] courts, and one
person the offices of register of wills, recorder of deeds and
clerk of the orphans' court, unless local laws applying to such
counties shall otherwise provide.
(d) In counties of the eighth class, one person shall hold
the offices of prothonotary, clerk of [the court of oyer and
terminer and general quarter sessions] courts, clerk of the
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orphans' court, register of wills and recorder of deeds, unless
local laws applying to such counties shall otherwise provide.
(e) This section does not repeal any of the provisions of
section one of the act, approved July two, one thousand eight
hundred thirty-nine (Pamphlet Laws 559), entitled "An act to
provide for the election of prothonotaries, clerks, recorders
and registers," nor any of the provisions of any other local
law.
(f) Any county in which the offices provided for herein are
not now held as hereinbefore provided, and which desires to
provide for the holding of two or more of said county offices by
the same person, may, at any time hereafter, accept the
provisions of this section in whole or in part, and provide for
the holding of its county offices, or any of them, in the manner
provided in this section for the class of counties to which it
belongs.
(g) The proceedings to accept the provisions of this section
and to join its offices or any of them, as herein provided,
shall be in all respects as provided in section one thousand
three hundred three of this act for the acceptance of the
provisions of that section. Upon the expiration of the term of
any county officer affected by such proceeding, his office shall
be joined to the other whose term still continues, and no
successor shall be elected, or, if the terms of all officers
affected expire at the same time, then upon such expiration such
offices shall be joined and occupied by one person elected at
the preceding municipal election for such purpose.
Section 2. This act shall take effect in 60 days.
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