Bill Text: PA SB985 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for vacancy in the office of county commissioner.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-24 - Re-referred to APPROPRIATIONS [SB985 Detail]

Download: Pennsylvania-2011-SB985-Introduced.html

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PRINTER'S NO. 1084
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 985 Session of2011
INTRODUCED BY ERICKSON, WOZNIAK, ROBBINS, EICHELBERGER AND BLAKE, APRIL 25, 2011
REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011
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," further providing for
vacancy in the office of county commissioner.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501 of the act of July 28, 1953 (P.L.723,
No.230), known as the Second Class County Code, is amended to
read:
Section 501. Election; Vacancies.--(a) Three county
commissioners shall be elected in the county in the year one
thousand nine hundred and fifty-five and every fourth year
thereafter. In the election of commissioners, each qualified
elector shall vote for no more than two persons. The three
persons having the highest number of votes shall be elected.
(b) [Any vacancy in the office of county commissioners shall
be filled for the balance of the unexpired term by the court of
common pleas of the county, by the appointment of an elector of
the county who voted for the commissioner whose place is to be
filled.] If any vacancy shall occur in the office of county
commissioner by death, resignation, removal from the county or
by failure to take the required oath or to give bond as provided
by law or ordinance, or in any other manner whatsoever, the
remaining county commissioners may appoint a successor and, upon
the failure of the remaining county commissioners to make the
appointment within thirty days after the vacancy occurs, the
vacancy shall be filled within fifteen additional days by the
vacancy board. The vacancy board shall consist of the remaining
county commissioners and one elector of the county, who shall be
appointed by the county commissioners at the board's first
meeting each calendar year or as soon after that as practical
and who shall act as chairperson of the vacancy board. If the
vacancy board fails to fill the position within fifteen days,
the chairperson or, if there is a vacancy in the position of
chairperson, the remaining members of the vacancy board shall
petition the court of common pleas to fill the vacancy. If two
or more vacancies exist in the office of county commissioner,
the court of common pleas shall fill the vacancies upon
presentation of a petition signed by not less than fifteen
electors of the county.
(c) With regard to the successor appointed in accordance
with subsection (b) to fill a vacancy in the office of county
commissioner, the following shall apply:
(1) The successor shall be at least eighteen years of age, a
citizen of the United States and a resident of the county, and
shall have resided within the county for one year next preceding
appointment.
(2) The successor shall be a registered elector of the
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county and shall be a member of the same political party as was
the commissioner whose place is to be filled at the time the
commissioner was elected.
(3) The successor shall hold the office for the balance of
the unexpired term.
Section 2. This act shall take effect in 60 days.
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