PRIOR PRINTER'S NOS. 545, 1654 PRINTER'S NO. 1717
No. 513 Session of 2005
INTRODUCED BY GORDNER, THOMPSON, RAFFERTY, D. WHITE, WONDERLING,
WOZNIAK, M. WHITE AND FERLO, MARCH 29, 2005
AS AMENDED ON THIRD CONSIDERATION, APRIL 18, 2006
AN ACT
1 Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
2 reenacted and amended, "An act concerning townships of the
3 second class; and amending, revising, consolidating and
4 changing the law relating thereto," removing references to
5 elected assessors.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Sections 205, 401, 402(a), 405, 407 and 1002, <--
9 1002 AND 1301(C) of the act of May 1, 1933 (P.L.103, No.69),
10 known as The Second Class Township Code, reenacted and amended
11 November 9, 1995 (P.L.350, No.60), are amended to read:
12 Section 205. Appointment and Election of Officers of New <--
13 Townships.--When a new township results from the consolidation
14 of townships or is created as a result of the annulment of a
15 charter of a borough or when a township of the first class is
16 reestablished as a township of the second class, the court of
17 common pleas shall appoint the elective officers for the new
18 township and determine the polling place or places in the new
19 township. The appointed officers shall hold their offices until
1 the first Monday of January after the next municipal election
2 which occurs at least ninety days after the appointments. At the
3 municipal election, [an assessor in those counties where
4 assessors are elected and] a tax collector shall be elected for
5 regular four-year terms if the election occurs in the year when
6 those officers are elected for regular terms, and, if not, they
7 shall be elected for terms of two years each and their
8 successors shall be elected for four-year terms. At the first
9 municipal election, one supervisor and one auditor shall be
10 elected for terms of six years each, one supervisor and one
11 auditor for terms of four years each and one supervisor and one
12 auditor for terms of two years each. All officers shall take
13 office on the first Monday of January after their election.
14 Section 401. Township Officers to be Electors.--No person is
15 eligible for the office of supervisor, [assessor,] auditor or
16 tax collector in any township unless that person is an elector
17 of the township.
18 Section 402. Officers to be Elected.--(a) Except as
19 provided in subsection (b), the electors of each township shall
20 elect three supervisors, [one assessor in those counties in
21 which assessors are elected,] three auditors and one tax
22 collector. No person shall at the same time hold more than one
23 elective township office.
24 * * *
25 [Section 405. Assessor.--(a) At the municipal election in
26 the year 1993 and at the municipal election every four years
27 after that, the electors of each township shall elect one
28 assessor to serve for a term of four years, except when
29 vacancies create shorter terms, from the first Monday of January
30 after the election. Assessors shall reside in the township from
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1 which elected and shall have resided in that township
2 continuously for at least one year immediately preceding their
3 election.
4 (b) This section does not authorize the election of
5 assessors for taxation purposes in counties where boards for the
6 assessment and revision of taxes are authorized by law to
7 appoint assessors.]
8 Section 407. Vacancies in General.--If the electors of any
9 township fail to choose a supervisor, tax collector[,] or
10 auditor [or assessor] or if any person elected to any office
11 fails to serve in the office or if a vacancy occurs in the
12 office by death, resignation, removal from the township or
13 otherwise, the board of supervisors may appoint a successor who
14 is an elector of the township and has resided in that township
15 continuously for at least one year prior to their appointment,
16 and, upon their failure to make the appointment within thirty
17 days after the vacancy occurs, the vacancy shall be filled
18 within fifteen additional days by the vacancy board. The vacancy
19 board shall consist of the board of supervisors and one elector
20 of the township, who shall be appointed by the board of
21 supervisors at the board's first meeting each calendar year or
22 as soon after that as practical and who shall act as chairman of
23 the vacancy board. If the vacancy board fails to fill the
24 position within fifteen days, the chairman shall, or if there is
25 a vacancy in the chairmanship the remaining members of the
26 vacancy board shall, petition the court of common pleas to fill
27 the vacancy. If two or more vacancies in the office of
28 supervisor occur on a three-member board or three or more
29 vacancies on a five-member board, the court of common pleas
30 shall fill the vacancies upon presentation of petition signed by
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1 not less than fifteen electors of the township. The successor so
2 appointed shall hold the office until the first Monday in
3 January after the first municipal election which occurs more
4 than sixty days after the vacancy occurs, at which election an
5 eligible person shall be elected for the unexpired term.
6 Section 1002. Assessor; Appointment; Powers and Duties;
7 Vacancy.--The board of supervisors shall appoint one assessor to
8 serve for a term of four years. Assessors shall reside in the
9 township from which appointed and shall have resided in that
10 township continuously for at least one year immediately
11 preceeding their appointment. The assessors have all the powers
12 and duties, are subject to all the obligations and
13 responsibilities and may receive the compensation provided under
14 law. This section does not authorize the appointment of
15 assessors for taxation purposes in counties where boards for the
16 assessment and revision of taxes are authorized by law to
17 appoint assessors. Where a vacancy in the office of assessor
18 shall occur by reason of death, resignation, disqualification or
19 failure to qualify, the board of supervisors shall appoint an
20 assessor to fill the vacancy for the unexpired term.
21 Section 2. Elected assessors in office in townships of the
22 second class as of the effective date of this act shall serve
23 the remainder of their unexpired terms. Thereafter, assessors
24 shall be appointed in accordance with section 1002 of the act.
25 Section 3. This act shall take effect in 60 days.
26 SECTION 205. APPOINTMENT AND ELECTION OF OFFICERS OF NEW <--
27 TOWNSHIPS.--WHEN A NEW TOWNSHIP RESULTS FROM THE CONSOLIDATION
28 OF TOWNSHIPS OR IS CREATED AS A RESULT OF THE ANNULMENT OF A
29 CHARTER OF A BOROUGH OR WHEN A TOWNSHIP OF THE FIRST CLASS IS
30 REESTABLISHED AS A TOWNSHIP OF THE SECOND CLASS, THE COURT OF
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1 COMMON PLEAS SHALL APPOINT THE ELECTIVE OFFICERS FOR THE NEW
2 TOWNSHIP AND DETERMINE THE POLLING PLACE OR PLACES IN THE NEW
3 TOWNSHIP. THE APPOINTED OFFICERS SHALL HOLD THEIR OFFICES UNTIL
4 THE FIRST MONDAY OF JANUARY AFTER THE NEXT MUNICIPAL ELECTION
5 WHICH OCCURS AT LEAST NINETY DAYS AFTER THE APPOINTMENTS. AT THE
6 MUNICIPAL ELECTION, [AN ASSESSOR IN THOSE COUNTIES WHERE
7 ASSESSORS ARE ELECTED AND] A TAX COLLECTOR SHALL BE ELECTED FOR
8 A REGULAR FOUR-YEAR [TERMS] TERM IF THE ELECTION OCCURS IN THE
9 YEAR WHEN [THOSE OFFICERS ARE] SUCH OFFICER IS ELECTED FOR A
10 REGULAR [TERMS] TERM, AND, IF NOT, [THEY] HE SHALL BE ELECTED
11 FOR [TERMS] A TERM OF TWO YEARS [EACH AND THEIR SUCCESSORS] AND
12 HIS SUCCESSOR SHALL BE ELECTED FOR A FOUR-YEAR [TERMS] TERM. AT
13 THE FIRST MUNICIPAL ELECTION, ONE SUPERVISOR AND ONE AUDITOR
14 SHALL BE ELECTED FOR TERMS OF SIX YEARS EACH, ONE SUPERVISOR AND
15 ONE AUDITOR FOR TERMS OF FOUR YEARS EACH AND ONE SUPERVISOR AND
16 ONE AUDITOR FOR TERMS OF TWO YEARS EACH. ALL OFFICERS SHALL TAKE
17 OFFICE ON THE FIRST MONDAY OF JANUARY AFTER THEIR ELECTION.
18 SECTION 401. TOWNSHIP OFFICERS TO BE ELECTORS.--NO PERSON IS
19 ELIGIBLE FOR THE OFFICE OF SUPERVISOR, [ASSESSOR,] AUDITOR OR
20 TAX COLLECTOR IN ANY TOWNSHIP UNLESS THAT PERSON IS AN ELECTOR
21 OF THE TOWNSHIP.
22 SECTION 402. OFFICERS TO BE ELECTED.--(A) EXCEPT AS
23 PROVIDED IN SUBSECTION (B), THE ELECTORS OF EACH TOWNSHIP SHALL
24 ELECT THREE SUPERVISORS, [ONE ASSESSOR IN THOSE COUNTIES IN
25 WHICH ASSESSORS ARE ELECTED,] THREE AUDITORS AND ONE TAX
26 COLLECTOR. NO PERSON SHALL AT THE SAME TIME HOLD MORE THAN ONE
27 ELECTIVE TOWNSHIP OFFICE.
28 * * *
29 [SECTION 405. ASSESSOR.--(A) AT THE MUNICIPAL ELECTION IN
30 THE YEAR 1993 AND AT THE MUNICIPAL ELECTION EVERY FOUR YEARS
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1 AFTER THAT, THE ELECTORS OF EACH TOWNSHIP SHALL ELECT ONE
2 ASSESSOR TO SERVE FOR A TERM OF FOUR YEARS, EXCEPT WHEN
3 VACANCIES CREATE SHORTER TERMS, FROM THE FIRST MONDAY OF JANUARY
4 AFTER THE ELECTION. ASSESSORS SHALL RESIDE IN THE TOWNSHIP FROM
5 WHICH ELECTED AND SHALL HAVE RESIDED IN THAT TOWNSHIP
6 CONTINUOUSLY FOR AT LEAST ONE YEAR IMMEDIATELY PRECEDING THEIR
7 ELECTION.
8 (B) THIS SECTION DOES NOT AUTHORIZE THE ELECTION OF
9 ASSESSORS FOR TAXATION PURPOSES IN COUNTIES WHERE BOARDS FOR THE
10 ASSESSMENT AND REVISION OF TAXES ARE AUTHORIZED BY LAW TO
11 APPOINT ASSESSORS.]
12 SECTION 407. VACANCIES IN GENERAL.--IF THE ELECTORS OF ANY
13 TOWNSHIP FAIL TO CHOOSE A SUPERVISOR, TAX COLLECTOR[,] OR
14 AUDITOR [OR ASSESSOR] OR IF ANY PERSON ELECTED TO ANY OFFICE
15 FAILS TO SERVE IN THE OFFICE OR IF A VACANCY OCCURS IN THE
16 OFFICE BY DEATH, RESIGNATION, REMOVAL FROM THE TOWNSHIP OR
17 OTHERWISE, THE BOARD OF SUPERVISORS MAY APPOINT A SUCCESSOR WHO
18 IS AN ELECTOR OF THE TOWNSHIP AND HAS RESIDED IN THAT TOWNSHIP
19 CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO THEIR APPOINTMENT,
20 AND, UPON THEIR FAILURE TO MAKE THE APPOINTMENT WITHIN THIRTY
21 DAYS AFTER THE VACANCY OCCURS, THE VACANCY SHALL BE FILLED
22 WITHIN FIFTEEN ADDITIONAL DAYS BY THE VACANCY BOARD. THE VACANCY
23 BOARD SHALL CONSIST OF THE BOARD OF SUPERVISORS AND ONE ELECTOR
24 OF THE TOWNSHIP, WHO SHALL BE APPOINTED BY THE BOARD OF
25 SUPERVISORS AT THE BOARD'S FIRST MEETING EACH CALENDAR YEAR OR
26 AS SOON AFTER THAT AS PRACTICAL AND WHO SHALL ACT AS CHAIRMAN OF
27 THE VACANCY BOARD. IF THE VACANCY BOARD FAILS TO FILL THE
28 POSITION WITHIN FIFTEEN DAYS, THE CHAIRMAN SHALL, OR IF THERE IS
29 A VACANCY IN THE CHAIRMANSHIP THE REMAINING MEMBERS OF THE
30 VACANCY BOARD SHALL, PETITION THE COURT OF COMMON PLEAS TO FILL
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1 THE VACANCY. IF TWO OR MORE VACANCIES IN THE OFFICE OF
2 SUPERVISOR OCCUR ON A THREE-MEMBER BOARD OR THREE OR MORE
3 VACANCIES ON A FIVE-MEMBER BOARD, THE COURT OF COMMON PLEAS
4 SHALL FILL THE VACANCIES UPON PRESENTATION OF PETITION SIGNED BY
5 NOT LESS THAN FIFTEEN ELECTORS OF THE TOWNSHIP. THE SUCCESSOR SO
6 APPOINTED SHALL HOLD THE OFFICE UNTIL THE FIRST MONDAY IN
7 JANUARY AFTER THE FIRST MUNICIPAL ELECTION WHICH OCCURS MORE
8 THAN SIXTY DAYS AFTER THE VACANCY OCCURS, AT WHICH ELECTION AN
9 ELIGIBLE PERSON SHALL BE ELECTED FOR THE UNEXPIRED TERM.
10 [SECTION 1002. ASSESSOR; POWERS AND DUTIES.--THE ASSESSORS
11 HAVE ALL THE POWERS AND DUTIES, ARE SUBJECT TO ALL THE
12 OBLIGATIONS AND RESPONSIBILITIES AND MAY RECEIVE THE
13 COMPENSATION PROVIDED UNDER LAW.]
14 SECTION 1301. TOWNSHIP MANAGER; APPOINTMENT, REMOVAL, POWERS
15 AND DUTIES; COMPENSATION; BOND.--* * *
16 (C) THE OFFICE OF TOWNSHIP MANAGER IS NOT INCOMPATIBLE WITH
17 THE OFFICE OF TOWNSHIP SECRETARY, TOWNSHIP TREASURER OR ANY
18 OTHER TOWNSHIP OFFICE OR EMPLOYMENT, EXCEPT THAT OF SUPERVISOR,
19 AUDITOR[, ASSESSOR] OR TOWNSHIP POLICE OFFICER.
20 SECTION 2. SECTION 1401(B), (C)(1) AND (4) AND (D) OF THE
21 ACT, AMENDED FEBRUARY 21, 2002 (P.L.100, NO.9), ARE AMENDED TO
22 READ:
23 SECTION 1401. COUNTY ASSOCIATIONS.--* * *
24 (B) THE SUPERVISORS, AUDITORS, [ASSESSORS,] TAX COLLECTORS,
25 MANAGERS, SOLICITORS, ENGINEERS, TREASURER AND SECRETARY OF THE
26 BOARD OF SUPERVISORS SHALL ATTEND THE CONVENTIONS WHEN POSSIBLE.
27 (C) (1) EACH SUPERVISOR, AUDITOR, [ASSESSOR,] TAX
28 COLLECTOR, MANAGER, SOLICITOR, ENGINEER, TREASURER AND SECRETARY
29 ATTENDING THE CONVENTION SHALL RECEIVE A CERTIFICATE, SIGNED BY
30 THE SECRETARY OF THE COUNTY ASSOCIATION, ATTESTING THEIR
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1 PRESENCE AT THE CONVENTION. THE CERTIFICATE ENTITLES THE
2 OFFICIAL TO COLLECT FROM THE TOWNSHIP TREASURER THE SUM OF
3 THIRTY-FIVE DOLLARS ($35) FOR EACH DAY'S ATTENDANCE, EXPENSES
4 WHICH ARE LIMITED TO THE REGISTRATION FEE, MILEAGE FOR USE OF A
5 PERSONAL VEHICLE OR REIMBURSEMENT OF ACTUAL TRANSPORTATION
6 EXPENSE GOING TO AND RETURNING FROM THE MEETING PLUS ALL OTHER
7 ACTUAL EXPENSES THAT THE BOARD OF SUPERVISORS AGREES TO PAY.
8 EVERY DELEGATE ATTENDING THE MEETING SHALL SUBMIT TO THE BOARD
9 OF SUPERVISORS AN ITEMIZED ACCOUNT OF EXPENSES INCURRED AT THE
10 MEETING.
11 * * *
12 (4) NO SUPERVISOR, AUDITOR, [ASSESSOR,] TAX COLLECTOR,
13 MANAGER, SOLICITOR, ENGINEER, TREASURER OR SECRETARY SHALL BE
14 PAID FOR MORE THAN TWO DAYS' ATTENDANCE IN ANY ONE YEAR.
15 (D) THE OFFICERS OF THE ASSOCIATION SHALL CONSIST OF A
16 PRESIDENT, ONE OR TWO VICE-PRESIDENTS, A SECRETARY AND A
17 TREASURER, ALL OF WHOM, EXCEPT THE SECRETARY, SHALL BE MEMBERS
18 OF THE ASSOCIATION AND SHALL HOLD OFFICE FOR ONE YEAR OR UNTIL
19 THEIR SUCCESSORS ARE CHOSEN. THE SECRETARY OF THE ASSOCIATION
20 MAY BE COMPENSATED FOR SERVICES AN AMOUNT DETERMINED BY THE
21 MEMBERS OF THE ASSOCIATION. EVERY SUPERVISOR, [ASSESSOR,] TAX
22 COLLECTOR, MANAGER, SECRETARY, TREASURER AND AUDITOR ATTENDING
23 THE CONVENTION MAY VOTE ON POLICY MATTERS AND IN THE ELECTION OF
24 OFFICERS OF THE ASSOCIATION.
25 * * *
26 SECTION 3. SECTION 1902 OF THE ACT, AMENDED DECEMBER 18,
27 1996 (P.L.1142, NO.172), IS AMENDED TO READ:
28 SECTION 1902. APPOINTMENT OF POLICE.--THE BOARD OF
29 SUPERVISORS SHALL PROVIDE FOR THE ORGANIZATION AND SUPERVISION
30 AND DETERMINE THE NUMBER AND THE COMPENSATION OF THE POLICE
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1 OFFICERS. THE POSITION OF POLICE OFFICER IS INCOMPATIBLE WITH
2 THE OFFICE OF SUPERVISOR, AUDITOR, TAX COLLECTOR[, ASSESSOR] AND
3 MANAGER. THE CHAIRMAN OF THE BOARD OF SUPERVISORS MAY SWEAR IN
4 POLICE OFFICERS. THE BOARD OF SUPERVISORS MAY ASSIGN ANY POLICE
5 OFFICER TO UNDERGO A COURSE OF TRAINING AT ANY TRAINING SCHOOL
6 FOR POLICE OFFICERS ESTABLISHED OR MADE AVAILABLE BY THE FEDERAL
7 OR STATE GOVERNMENT AND PROVIDE FOR PAYMENT OF THE OFFICER'S
8 EXPENSES WHILE IN ATTENDANCE AT THE TRAINING SCHOOL.
9 SECTION 4. SECTION 3210(A) OF THE ACT IS AMENDED TO READ:
10 SECTION 3210. ADDITIONS AND REVISIONS TO DUPLICATES.--(A)
11 WHEN THERE IS ANY CONSTRUCTION OF A BUILDING OR BUILDINGS NOT
12 OTHERWISE EXEMPT AS A DWELLING AFTER THE FIRST DAY OF JANUARY OF
13 ANY YEAR AND THE BUILDING IS NOT INCLUDED IN THE TAX DUPLICATE
14 OF THE TOWNSHIP, THE AUTHORITY RESPONSIBLE FOR ASSESSMENTS IN
15 THE TOWNSHIP SHALL UPON THE REQUEST OF THE BOARD OF SUPERVISORS
16 [DIRECT THE ASSESSOR IN THE TOWNSHIP TO] INSPECT AND REASSESS,
17 SUBJECT TO THE RIGHT OF APPEAL AND ADJUSTMENT BY THE STATE LAW
18 UNDER WHICH ASSESSMENTS ARE MADE, ALL TAXABLE PROPERTY IN THE
19 TOWNSHIP TO WHICH MAJOR IMPROVEMENTS HAVE BEEN MADE AFTER THE
20 FIRST DAY OF JANUARY OF ANY YEAR AND TO GIVE NOTICE OF THE
21 REASSESSMENTS WITHIN TEN DAYS TO THE AUTHORITY RESPONSIBLE FOR
22 ASSESSMENTS, THE TOWNSHIP AND THE PROPERTY OWNER. THE PROPERTY
23 SHALL BE ADDED TO THE DUPLICATE AND IS TAXABLE FOR TOWNSHIP
24 PURPOSES AT THE REASSESSED VALUATION FOR THAT PROPORTIONATE PART
25 OF THE FISCAL YEAR OF THE TOWNSHIP REMAINING AFTER THE PROPERTY
26 WAS IMPROVED. ANY IMPROVEMENT MADE DURING THE MONTH SHALL BE
27 COMPUTED AS HAVING BEEN MADE ON THE FIRST DAY OF THE MONTH. A
28 CERTIFIED COPY OF THE ADDITIONS OR REVISIONS TO THE DUPLICATE
29 SHALL BE FURNISHED BY THE BOARD OF SUPERVISORS TO THE TOWNSHIP
30 TAX COLLECTOR, TOGETHER WITH ITS WARRANT FOR COLLECTION OF THE
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1 TAXES, AND WITHIN TEN DAYS THE TOWNSHIP TAX COLLECTOR SHALL
2 NOTIFY THE OWNER OF THE PROPERTY OF THE TAXES DUE IN THE
3 TOWNSHIP.
4 * * *
5 SECTION 5. ELECTED ASSESSORS IN OFFICE IN TOWNSHIPS OF THE
6 SECOND CLASS AS OF THE EFFECTIVE DATE OF THIS SECTION SHALL
7 SERVE THE REMAINDER OF THEIR UNEXPIRED TERMS. THEREAFTER,
8 ASSESSORS SHALL NEITHER BE ELECTED NOR APPOINTED.
9 SECTION 6. THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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