SB 418 — An Act amending Titles 16 (Counties) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in district attorney, assistants and detectives, further providing for filling of vacancies; in general provisions relating to home rule and optional plan government, further providing for limitation on municipal powers; and, in general provisions common to optional plans, further providing for manner of filling vacancies in office.

PRINTER'S NO.   352

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 418
                                               Session of
                                                 2025

     INTRODUCED BY BAKER, LANGERHOLC, PENNYCUICK, PHILLIPS-HILL AND
        VOGEL, MARCH 10, 2025

     REFERRED TO LOCAL GOVERNMENT, MARCH 10, 2025


                                    AN ACT
 1   Amending Titles 16 (Counties) and 53 (Municipalities Generally)
 2      of the Pennsylvania Consolidated Statutes, in district
 3      attorney, assistants and detectives, further providing for
 4      filling of vacancies; in general provisions relating to home
 5      rule and optional plan government, further providing for
 6      limitation on municipal powers; and, in general provisions
 7      common to optional plans, further providing for manner of
 8      filling vacancies in office.
 9      The General Assembly of the Commonwealth of Pennsylvania
10   hereby enacts as follows:
11      Section 1.    Section 14304 of Title 16 of the Pennsylvania
12   Consolidated Statutes, added May 8, 2024 (P.L.50, No.14), is
13   amended to read:
14   § 14304.   Filling of vacancies.
15      If a vacancy occurs in the office of district attorney in a
16   county of the second A, third, fourth, fifth, sixth, seventh or
17   eighth class, the judges of the court of common pleas shall,
18   upon a showing that the first assistant district attorney
19   satisfies the requirements of section 14301 (relating to
20   district attorney, qualifications, eligibility and
21   compensation), appoint the first assistant district attorney to
 1   fill the office [of district attorney and discharge the duties
 2   of the district attorney until the first Monday in January
 3   following the next municipal election occurring not less than 90
 4   days after the occurrence of the vacancy.] for the balance of
 5   the unexpired term. If the first assistant district attorney is
 6   unwilling or unable to serve or does not satisfy the
 7   requirements of section 14301, the judges of the court of common
 8   pleas shall fill the vacancy by the appointment of a competent
 9   individual who satisfies the requirements of section 14301 to
10   fill the office [until the first Monday in January following the
11   next municipal election occurring not less than 90 days after
12   the occurrence of the vacancy.] for the balance of the unexpired
13   term.
14      Section 2.      Sections 2962(a)(11) and 3132(b) of Title 53 are
15   amended to read:
16   § 2962.    Limitation on municipal powers.
17      (a)    Powers granted by statute.--With respect to the
18   following subjects, the home rule charter shall not give any
19   power or authority to the municipality contrary to or in
20   limitation or enlargement of powers granted by statutes which
21   are applicable to a class or classes of municipalities:
22             * * *
23             (11)    The office of district attorney or the procedure
24      for the filling of vacancies in the office of district
25      attorney.
26      * * *
27   § 3132.    Manner of filling vacancies in office.
28      * * *
29      (b)    Other officers.--
30             (1)    If a vacancy occurs in the office of executive

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 1    (mayor), municipal treasurer, if elected, municipal
 2    controller, if elected, [county district attorney] or county
 3    sheriff, if elected, the municipal council shall fill the
 4    vacancy within 30 days thereafter by choosing an executive
 5    (mayor), a municipal treasurer, a municipal controller[, a
 6    county district attorney] or a county sheriff, as the case
 7    may be, to serve until his successor is elected by the
 8    qualified electors at the next municipal election occurring
 9    at least 50 days after the vacancy occurs and is duly sworn
10    into office. The person so elected shall serve from the first
11    Monday of January next succeeding his election for the
12    remainder of the term of the person originally elected to the
13    office.
14        (2)   If, by reason of a tie vote or otherwise, a vacancy
15    in the office of executive (mayor), treasurer, controller[,
16    county district attorney] or county sheriff has not been
17    filled by council within the time as limited in this
18    subsection, the court of common pleas, upon petition of ten
19    or more qualified electors, shall fill the vacancy by the
20    appointment of a qualified person for the portion of the
21    unexpired term as provided in this subsection.
22    Section 3.    This act shall take effect immediately.




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