PRIOR PRINTER'S NO. 1852 PRINTER'S NO. 2069
No. 1374 Session of 2002
INTRODUCED BY WAUGH, BELL, LAVALLE, LEMMOND, ERICKSON, COSTA, BOSCOLA, MOWERY AND RHOADES, APRIL 1, 2002
SENATOR GERLACH, LOCAL GOVERNMENT, AS AMENDED, JUNE 11, 2002
AN ACT 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 private services, gifts, payments and contracts 10 which are prohibited. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 1210 of the act of August 9, 1955 14 (P.L.323, No.130), known as The County Code, is amended to read: 15 Section 1210. Private Services, Gifts and Payments, 16 Contracts, Prohibited.--(a) [No] Except as specifically <-- 17 authorized through resolution or ordinance by the board of 18 county commissioners, no NO sheriff, deputy sheriff, detective <-- 19 or other county police officer whatsoever, shall perform, 20 directly or indirectly, any official services or official duties 21 for any person, association or corporation, or receive, directly
1 or indirectly, any compensation, gifts or gratuities from any 2 person, association or corporation during the period of his 3 official services. Nothing herein contained shall prohibit such 4 officers from serving writs and other legal process as 5 authorized by law. Any compensation payable to any such officer 6 for official duties and services shall be paid only out of the 7 proper county, or other public funds, to the amount and in the 8 manner prescribed by law. Gifts, donations, and gratuities of 9 any nature whatsoever made by any person, association or 10 corporation to the county or to any official or agent thereof, 11 shall not constitute public funds within the meaning of this 12 section. 13 (b) No county, or any official or agent thereof, shall 14 accept as a gratuity, gift or donation any arms, ammunition, 15 military supplies, tear gas or equipment, or supplies or 16 articles of a similar character from, nor shall any such 17 gratuity, gift or donation be made by any person, association or 18 corporation. 19 (c) Any contract or agreement, whatsoever, made in violation 20 of the provisions of this section, shall be utterly void and of 21 no effect, in law or in equity, and is hereby declared to be 22 contrary to public policy. 23 (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, <-- 24 UNLESS OTHERWISE PROHIBITED BY RESOLUTION OR ORDINANCE OF THE 25 COUNTY, AN INDIVIDUAL WHO IS EMPLOYED AS A SHERIFF, DEPUTY 26 SHERIFF, DETECTIVE OR OTHER COUNTY POLICE OFFICER MAY ENGAGE IN 27 OUTSIDE EMPLOYMENT, INCLUDING EMPLOYMENT IN SECURITY, DURING A 28 PERIOD IN WHICH THE INDIVIDUAL IS NOT SCHEDULED TO PERFORM, NOR 29 PERFORMING, DUTY AS A COUNTY EMPLOYE. THE COUNTY IS NOT LIABLE 30 FOR ANY DAMAGE RESULTING FROM AN ACT OF AN INDIVIDUAL ACTING 20020S1374B2069 - 2 -
1 UNDER THIS SUBSECTION.
2 Section 2. This act shall take effect immediately.
C18L16MSP/20020S1374B2069 - 3 -