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PRINTER'S NO. 2114
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1503
Session of
2015
INTRODUCED BY REESE, COX, GABLER, HEFFLEY, M. K. KELLER,
LONGIETTI, MARSHALL, MASSER, MENTZER, MURT, MUSTIO, PEIFER,
PICKETT AND SNYDER, AUGUST 14, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 14, 2015
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," further
providing for incompatible offices, for solicitor to the
controller, for counsel, for solicitor to county treasurer in
certain counties, for appointment and qualifications, for
solicitor in certain counties, for solicitor to coroner, for
solicitor to register in certain counties and for solicitor
to recorder of deeds in certain counties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402(a) of the act of August 9, 1955
(P.L.323, No.130), known as The County Code, amended June 19,
1963 (P.L.150, No.95), is amended to read:
Section 402. Incompatible Offices.--(a) No elected county
officer or county solicitor, whether the solicitor is one person
or a member or associate of a law firm, partnership, association
or professional corporation, shall, at the same time, serve as a
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member of the legislative body of any city, borough, town or
township of any class, nor as treasurer or tax collector of any
city, borough, incorporated town or township, nor as school
director of any school district, nor as a member of any board of
health.
* * *
Section 2. Sections 604 and 704 of the act are amended to
read:
Section 604. Solicitor to the Controller.--(a) The county
controller may designate and appoint one person, learned in the
law, to act as his solicitor. Such solicitor shall advise upon
all such legal matters as may be submitted to him, and shall
conduct any litigation desired by the county controller. He
shall hold office at the pleasure of the controller.
(b) The appointed solicitor may be one person or a law firm,
partnership, association or professional corporation. In the
absence of the solicitor, the law firm, partnership, association
or professional corporation of which the solicitor is a member
or associate may perform any of the duties or functions of the
solicitor.
Section 704. Counsel.--The auditors may employ a competent
attorney-at-law to act as their counsel and attorney. The
attorney-at-law may be one person or a law firm, partnership,
association or professional corporation. In the absence of the
attorney-at-law, the law firm, partnership, association or
professional corporation of which the attorney-at-law is a
member or associate may perform any of the duties or functions
of the attorney-at-law.
Section 3. Section 807 of the act, amended June 7, 1961
(P.L.245, No.141), is amended to read:
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Section 807. Solicitor to County Treasurer in Third, Fourth,
Fifth, Sixth, Seventh and Eighth Class Counties.--(a) In
counties of the third, fourth, fifth, sixth, seventh and eighth
classes, the county treasurer is authorized to appoint one
person, learned in the law, as his solicitor. The solicitor
shall advise upon all legal matters that may be submitted to him
and shall conduct any litigation when requested so to do by the
treasurer.
(b) The appointed solicitor may be one person or a law firm,
partnership, association or professional corporation. In the
absence of the solicitor, the law firm, partnership, association
or professional corporation of which the solicitor is a member
or associate may perform any of the duties or functions of the
solicitor.
Section 4. Section 901 of the act is amended to read:
Section 901. Appointment; Qualifications.--(a) The county
commissioners shall appoint a county solicitor, who shall be an
attorney-at-law admitted to practice in the courts of this
Commonwealth. He shall, before entering upon the duties of his
office, file with the county commissioners an agreement to pay
all fees, attorney's fees, and commissions received from every
source as county solicitor into the county treasury.
(b) The appointed county solicitor may be one person or a
law firm, partnership, association or professional corporation.
In the absence of the solicitor, the law firm, partnership,
association or professional corporation of which the solicitor
is a member or associate may perform any of the duties or
functions of the solicitor.
Section 5. Section 1213 of the act, amended June 7, 1961
(P.L.245, No.141), is amended to read:
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Section 1213. Solicitor in Third, Fourth, Fifth, Sixth,
Seventh and Eighth Class Counties.--(a) In all counties of the
third, fourth, fifth, sixth, seventh and eighth classes, the
sheriff may appoint one person, learned in the law, as his
solicitor. Said solicitor shall advise the sheriff upon all
legal matters that may be submitted to him, and shall conduct
any litigation in connection with the sheriff's office when
requested so to do by the sheriff.
(b) The appointed solicitor may be one person or a law firm,
partnership, association or professional corporation. In the
absence of the solicitor, the law firm, partnership, association
or professional corporation of which the solicitor is a member
or associate may perform any of the duties or functions of the
solicitor.
Section 6. Section 1252 of the act, added December 6, 1972
(P.L.1421, No.309), is amended to read:
Section 1252. Solicitor to Coroner.--(a) The coroner may
appoint one person learned in the law, as his solicitor. Said
solicitor shall advise the coroner upon all legal matters that
may be submitted to him and shall conduct any litigation in
connection with the coroner's office when requested so to do by
the coroner.
(b) The appointed solicitor may be one person or a law firm,
partnership, association or professional corporation. In the
absence of the solicitor, the law firm, partnership, association
or professional corporation of which the solicitor is a member
or associate may perform any of the duties or functions of the
solicitor.
Section 7. Sections 1311 and 1314 of the act, amended June
7, 1961 (P.L.245, No.141), are amended to read:
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Section 1311. Solicitor to Register in Counties of the
Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--(a)
In all counties of the third, fourth, fifth, sixth, seventh and
eighth classes, the register of wills is authorized to appoint
one person, learned in the law, as his solicitor. Said solicitor
shall advise upon all legal matters that may be submitted to
him, and shall conduct any litigation when requested so to do by
the register of wills.
(b) The appointed solicitor may be one person or a law firm,
partnership, association or professional corporation. In the
absence of the solicitor, the law firm, partnership, association
or professional corporation of which the solicitor is a member
or associate may perform any of the duties or functions of the
solicitor.
Section 1314. Solicitor to Recorder of Deeds in Counties of
the Third, Fourth, Fifth, Sixth, Seventh and Eighth Classes.--a)
In all counties of the third, fourth, fifth, sixth, seventh and
eighth classes, the recorder of deeds may appoint one person as
his solicitor. Said solicitor shall advise the recorder of deeds
upon all legal matters that may be submitted to him, and conduct
all litigation connected with the recorder of deeds' office when
requested so to do by the recorder of deeds.
(b) The appointed solicitor may be one person or a law firm,
partnership, association or professional corporation. In the
absence of the solicitor, the law firm, partnership, association
or professional corporation of which the solicitor is a member
or associate may perform any of the duties or functions of the
solicitor.
Section 8. This act shall take effect in 60 days.
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