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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BLAKE, ERICKSON, ROBBINS, EICHELBERGER AND WOZNIAK, APRIL 25, 2011 |
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| REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011 |
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| AN ACT |
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1 | Amending the act of August 9, 1955 (P.L.323, No.130), entitled, |
2 | as amended, "An act relating to counties of the first, third, |
3 | fourth, fifth, sixth, seventh and eighth classes; amending, |
4 | revising, consolidating and changing the laws relating |
5 | thereto; relating to imposition of excise taxes by counties, |
6 | including authorizing imposition of an excise tax on the |
7 | rental of motor vehicles by counties of the first class; and |
8 | providing for regional renaissance initiatives," further |
9 | providing for vacancy in the office of county commissioner. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. Section 501 of the act of August 9, 1955 |
13 | (P.L.323, No.130), known as The County Code, is amended to read: |
14 | Section 501. Election; Vacancies.--(a) Three county |
15 | commissioners shall be elected in each county in the year one |
16 | thousand nine hundred and fifty-five, and every fourth year |
17 | thereafter. In the election of commissioners, each qualified |
18 | elector shall vote for no more than two persons. The three |
19 | persons having the highest number of votes shall be elected. |
20 | (b) [Any casual vacancy in the office of county |
21 | commissioners shall be filled, for the balance of the unexpired |
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1 | term, by the court of common pleas of the county in which such |
2 | vacancy shall occur by the appointment of a registered elector |
3 | of the county who was a member of the same political party as |
4 | the commissioner whose place is to be filled at the time the |
5 | commissioner was elected.] If any vacancy shall occur in the |
6 | office of county commissioner, by death, resignation, removal |
7 | from the county or by failure to take the required oath or to |
8 | give bond as provided by law or ordinance, or in any other |
9 | manner whatsoever, the remaining county commissioners may |
10 | appoint a successor, and, upon the failure of the remaining |
11 | county commissioners to make the appointment within thirty days |
12 | after the vacancy occurs, the vacancy shall be filled within |
13 | fifteen additional days by the vacancy board. The vacancy board |
14 | shall consist of the remaining county commissioners and one |
15 | elector of the county, who shall be appointed by the county |
16 | commissioners at the board's first meeting each calendar year or |
17 | as soon after that as practical and who shall act as chairperson |
18 | of the vacancy board. If the vacancy board fails to fill the |
19 | position within fifteen days, the chairperson or, if there is a |
20 | vacancy in the position of chairperson, the remaining members of |
21 | the vacancy board shall petition the court of common pleas to |
22 | fill the vacancy. If two or more vacancies exist in the office |
23 | of county commissioner, the court of common pleas shall fill the |
24 | vacancies upon presentation of a petition signed by not less |
25 | than fifteen electors of the county. |
26 | (c) With regard to the successor appointed in accordance |
27 | with subsection (b) to fill a vacancy in the office of county |
28 | commissioner, the following shall apply: |
29 | (1) The successor shall be at least eighteen years of age, a |
30 | citizen of the United States and a resident of the county and |
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1 | shall have resided within the county for one year next preceding |
2 | the successor's appointment. |
3 | (2) The successor shall be a registered elector of the |
4 | county and shall be a member of the same political party as was |
5 | the commissioner whose place is to be filled at the time the |
6 | commissioner was elected. |
7 | (3) The successor shall hold the office for the balance of |
8 | the unexpired term. |
9 | Section 2. This act shall take effect in 60 days. |
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