PRIOR PRINTER'S NO. 1087 PRINTER'S NO. 1496
No. 951 Session of 1975
INTRODUCED BY MESSRS. MORRIS, FRYER, RUGGIERO, PETRARCA,
ARTHURS, GARZIA, DeMEDIO, MEBUS, NOYE, LEVI, SHUMAN, GRING,
WALSH, TRELLO, WEIDNER, BURNS AND O'KEEFE, APRIL 8, 1975
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED MAY 27, 1975
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
2 act concerning townships of the second class; and amending,
3 revising, consolidating, and changing the law relating
4 thereto," changing the provisions relating to additional
5 supervisors and providing for a referendum.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsections (B) and (C) of section 402, act of
9 May 1, 1933 (P.L.103, No.69), known as "The Second Class
10 Township Code," reenacted and amended July 10, 1947 (P.L.1481,
11 No.567), subsection (B) amended March 1, 1974 (No.26) and
12 subsection (C) added July 13, 1961 (P.L.596, No.294), are
13 amended to read:
14 Section 402. Officers to Be Elected.--* * *
15 (B) [The court of common pleas upon petition may provide for
16 the election of] Upon petition of at least five per centum of
17 the registered electors of the township or pursuant to a
18 resolution of the board of supervisors, and upon an approval by
1 a majority of those electors voting at the next primary <--
2 MUNICIPAL or general election, there shall be elected two <--
3 additional supervisors in any township having a population of
4 three thousand or more as determined by an official census taken
5 by the Federal Government for any purpose or as determined by
6 any other census which is certified by the County Planning
7 Commission of said county. [or by the school district or <--
8 districts in which said township is located. [The petition shall <--
9 be presented by the board of supervisors pursuant to a
10 resolution of such board or by at least five per centum of the
11 registered electors of the township.] THE REFERENDUM PETITION OR <--
12 RESOLUTION OF THE BOARD OF SUPERVISORS CERTIFIED BY THE TOWNSHIP
13 SECRETARY SHALL BE FILED WITH THE COUNTY BOARD OF ELECTIONS NOT
14 LATER THAN THE THIRTEENTH TUESDAY PRIOR TO THE NEXT MUNICIPAL OR
15 GENERAL ELECTION. THE COUNTY BOARD OF ELECTIONS SHALL PLACE THE
16 QUESTION BEFORE THE ELECTORS IN THE SAME MANNER AS OTHER
17 QUESTIONS ARE PRESENTED UNDER THE PROVISIONS OF THE PENNSYLVANIA
18 ELECTION CODE.
19 THE FORM OF THE QUESTION SHALL BE AS FOLLOWS:
20 SHOULD TWO ADDITIONAL SUPERVISORS BE YES
21 ELECTED TO SERVE IN THIS TOWNSHIP? NO
22 THE COUNTY BOARD OF ELECTIONS SHALL TABULATE AND PUBLISH THE
23 RESULTS OF THE REFERENDUM WITHIN THIRTY DAYS OF THE ELECTION.
24 THE TOTAL NUMBER OF SUPERVISORS SHALL NOT EXCEED FIVE.
25 (C) At the first municipal election following [the decree of
26 the court] the approval AT THE PRIOR GENERAL ELECTION by the <--
27 voters of the petition or resolution QUESTION providing for the <--
28 election of two additional supervisors, one of such additional
29 supervisors shall be elected for a term of four years and one
30 shall be elected for a term of six years, each to serve from the
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1 first Monday of January next following his election. AT THE <--
2 FIRST GENERAL ELECTION FOLLOWING THE APPROVAL AT THE PRIOR
3 MUNICIPAL ELECTION BY THE VOTERS OF THE QUESTION PROVIDING FOR
4 THE ELECTION OF TWO ADDITIONAL SUPERVISORS, ONE OF SUCH
5 ADDITIONAL SUPERVISORS SHALL BE ELECTED FOR A TERM OF THREE
6 YEARS AND ONE SHALL BE ELECTED FOR A TERM OF FIVE YEARS, EACH TO
7 SERVE FROM THE FIRST MONDAY OF JANUARY NEXT FOLLOWING HIS
8 ELECTION. Thereafter, such additional supervisors shall be
9 elected for terms of six years each to serve from the first
10 Monday of January next following his election.
11 SECTION 2. SECTION 510 OF THE ACT, AMENDED MARCH 28, 1963 <--
12 (P.L.10, NO.7), IS AMENDED TO READ:
13 SECTION 510. SUPERVISION OF AFFAIRS.--THE GENERAL
14 SUPERVISION OF THE AFFAIRS OF THE TOWNSHIP SHALL BE IN THE HANDS
15 OF THREE REGISTERED ELECTORS OF THE TOWNSHIP, WHO SHALL BE
16 STYLED TOWNSHIP SUPERVISORS, EXCEPT THAT WHEN UPON REFERENDUM
17 THE [COURT OF QUARTER SESSIONS HAS PROVIDED FOR] ELECTION OF TWO
18 ADDITIONAL SUPERVISORS IS PROVIDED FOR, THE GENERAL SUPERVISION
19 OF THE AFFAIRS OF THE TOWNSHIP SHALL BE IN THE HANDS OF FIVE
20 REGISTERED ELECTORS OF THE TOWNSHIP, WHO SHALL BE STYLED
21 TOWNSHIP SUPERVISORS.
22 Section 2 3. This act shall take effect immediately. <--
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