HOUSE AMENDED PRIOR PRINTER'S NO. 1020 PRINTER'S NO. 1958
No. 809 Session of 2005
INTRODUCED BY THOMPSON, ROBBINS, STOUT AND WOZNIAK, JUNE 28, 2005
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 28, 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," further providing for 5 ORGANIZATION MEETING AND APPOINTMENT OF SECRETARY AND <-- 6 TREASURER, FOR the duties of township supervisors, FOR COUNTY <-- 7 ASSOCIATIONS AND FOR STATE ASSOCIATION OF TOWNSHIP 8 SUPERVISORS AUTHORIZED. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. Section 607 of the act of May 1, 1933 (P.L.103, <-- 12 No.69), known as The Second Class Township Code, reenacted and 13 amended November 9, 1995 (P.L.350, No.60) and amended May 16, 14 2002 (P.L.365, No.51), is amended to read: 15 SECTION 1. SECTION 602 OF THE ACT OF MAY 1, 1933 (P.L.103, <-- 16 NO.69), KNOWN AS THE SECOND CLASS TOWNSHIP CODE, REENACTED AND 17 AMENDED NOVEMBER 9, 1995 (P.L.350, NO.60), IS AMENDED BY ADDING 18 A SUBSECTION TO READ: 19 SECTION 602. ORGANIZATION MEETING; APPOINTMENT OF SECRETARY
1 AND TREASURER.--* * * 2 (D) THE BOARD OF SUPERVISORS MAY AUTHORIZE A SUPERVISOR WHO 3 IS EMPLOYED BY THE TOWNSHIP TO BE COMPENSATED AT THE 4 SUPERVISOR'S REGULAR EMPLOYE RATE AND A SUPERVISOR WHO IS NOT 5 EMPLOYED BY THE TOWNSHIP TO RECEIVE TOTAL OR PARTIAL 6 REIMBURSEMENT FOR LOST WAGES OR SALARY IF THE SUPERVISOR'S 7 PRESENCE IS REQUIRED IN A COURT OF LAW CONCERNING A TOWNSHIP- 8 RELATED MATTER OR THE SUPERVISOR'S ATTENDANCE IS REQUIRED AT ANY 9 MEETING OF A BOARD, COUNCIL OF GOVERNMENT, COMMISSION, AUTHORITY 10 OR COUNTY GOVERNMENT-SPONSORED COMMITTEE TO WHICH THE SUPERVISOR 11 HAS BEEN APPOINTED BY THE BOARD OF SUPERVISORS, BOARD OF COUNTY 12 COMMISSIONERS OR COUNTY COUNCIL OF THE COUNTY IN WHICH THE 13 SUPERVISOR RESIDES. THE COMPENSATION MAY BE GRANTED AT THE 14 DISCRETION OF THE BOARD OF SUPERVISORS AND ANY RATE MAY BE 15 GRANTED TO THE SUPERVISOR UP TO THE SUPERVISOR'S NORMAL PAY RATE 16 OR LOST WAGES OR SALARY. THIS SUBSECTION SHALL BE SUBJECT TO THE 17 FOLLOWING CONDITIONS: 18 (1) THE COURT MUST BE IN SESSION OR OTHER MEETING MUST OCCUR 19 DURING THE SUPERVISOR'S NORMAL WORKING HOURS. 20 (2) THE SUPERVISOR MUST NOT RECEIVE ANY COMPENSATION FROM 21 THE OTHER BOARD, COUNCIL OF GOVERNMENT, COMMISSION, AUTHORITY OR 22 COUNTY GOVERNMENT COMMITTEES FOR THE PARTICULAR MEETING THE 23 SUPERVISOR ATTENDS. 24 (3) NO SUPERVISOR MAY BE COMPENSATED FOR ATTENDING MORE THAN 25 120 HOURS OF COURT SESSIONS, OTHER BOARD, COUNCIL OF GOVERNMENT, 26 COMMISSION, AUTHORITY OR COUNTY GOVERNMENT COMMITTEE MEETINGS 27 WITHIN A CALENDAR YEAR. THE SECRETARY OR MANAGER OF THE TOWNSHIP 28 SHALL KEEP AN ACCURATE AND TIMELY ACCOUNTING OF THE NUMBER OF 29 HOURS THAT A SUPERVISOR HAS ACCRUED. 30 SECTION 2. SECTION 607 OF THE ACT, AMENDED MAY 16, 2002 20050S0809B1958 - 2 -
1 (P.L.365, NO.51), IS AMENDED TO READ: 2 Section 607. Duties of Supervisors.--The board of 3 supervisors shall: 4 (1) Be charged with the general governance of the township 5 and the execution of legislative, executive and administrative 6 powers in order to ensure sound fiscal management and to secure 7 the health, safety and welfare of the citizens of the township. 8 (2) Have the responsibility for maintenance of township- 9 owned equipment and facilities. 10 (3) Employ persons as may be necessary for the general 11 conduct of the business of the township and provide for the 12 compensation, organization and supervision of the persons so 13 employed. Records shall be kept and reports made and filed 14 giving the names of all persons employed, dates on which work 15 was done and the number of hours worked with compensation paid 16 to each person and the capacity in which employed. 17 (4) Authorize attendance at conferences, institutes, schools 18 and conventions. Any supervisor, elected or appointed officer or 19 township employe may if directed by the board of supervisors 20 attend any conference, institute, school or convention dealing 21 with the duties and functions of elected or appointed officers 22 or employes. The expenses for attending the meetings may be paid 23 by the township and are limited to the registration fee, mileage 24 for the use of a personal vehicle or reimbursement of actual 25 transportation expense going to and returning from the meeting 26 plus all other actual expenses that the board of supervisors 27 agrees to pay. Every attendee shall submit to the board of 28 supervisors an itemized account of expenses incurred at the 29 meeting. The board of supervisors may authorize employes to be 30 compensated at their regular employe rate, and auditors to be 20050S0809B1958 - 3 -
1 compensated at the rate of ten dollars ($10) for each hour up to 2 a maximum of [five] eight hours per day, during their attendance 3 at the meeting. 4 (5) Annually, on or before the first day of February, 5 furnish to the board of auditors information on the construction 6 or maintenance of roads or other matters that may be required by 7 any department of the Commonwealth to be included in the annual 8 township report. 9 (6) Provide for the annual tax duplicate to be prepared and 10 presented to the tax collector. 11 (7) Perform duties and exercise powers as may be imposed or 12 conferred by law or the rules and regulations of any agency of 13 the Commonwealth. 14 SECTION 3. SECTIONS 1401(C)(2) AND 1402(G)(2) OF THE ACT, <-- 15 AMENDED FEBRUARY 21, 2002 (P.L.100, NO.9), ARE AMENDED AND THE 16 SECTIONS ARE AMENDED BY ADDING SUBSECTIONS TO READ: 17 SECTION 1401. COUNTY ASSOCIATIONS.--* * * 18 (C) * * * 19 (2) IF THE MEETING IS HELD DURING TOWNSHIP EMPLOYES' NORMAL 20 WORK SCHEDULE, THE BOARD OF SUPERVISORS MAY AUTHORIZE TOWNSHIP 21 EMPLOYES, INCLUDING SUPERVISORS EMPLOYED BY THE TOWNSHIP, TO BE 22 COMPENSATED AT THEIR REGULAR EMPLOYE RATE DURING THEIR 23 ATTENDANCE AT THE MEETING, IN WHICH CASE THE EMPLOYE IS NOT 24 ENTITLED TO THE THIRTY-FIVE DOLLARS ($35) MENTIONED IN THIS 25 SECTION. 26 * * * 27 (D.1) IF A MEETING OF THE OFFICERS AND MEMBERS OF THE 28 EXECUTIVE BOARD OF THE COUNTY ASSOCIATION IS HELD DURING THE 29 TOWNSHIP EMPLOYES' NORMAL WORK SCHEDULE, THE BOARD OF 30 SUPERVISORS MAY AUTHORIZE A SUPERVISOR WHO IS EMPLOYED BY THE 20050S0809B1958 - 4 -
1 TOWNSHIP TO BE COMPENSATED AT THE SUPERVISOR'S REGULAR EMPLOYE 2 RATE AND A SUPERVISOR WHO IS NOT EMPLOYED BY THE TOWNSHIP TO 3 RECEIVE TOTAL OR PARTIAL REIMBURSEMENT FOR LOST WAGES OR SALARY 4 DURING THE SUPERVISOR'S ATTENDANCE AT THE MEETING, FOR UP TO SIX 5 DAYS TOTAL IN A YEAR. A SUPERVISOR MAY NOT BE COMPENSATED BY THE 6 TOWNSHIP UNDER THIS SUBSECTION IF THE SUPERVISOR RECEIVES ANY 7 OTHER COMPENSATION FROM THE COUNTY ASSOCIATION FOR ATTENDING THE 8 MEETING. 9 * * * 10 SECTION 1402. STATE ASSOCIATION OF TOWNSHIP SUPERVISORS 11 AUTHORIZED.--* * * 12 (G) * * * 13 (2) THE BOARD OF SUPERVISORS MAY AUTHORIZE TOWNSHIP 14 EMPLOYES, INCLUDING SUPERVISORS EMPLOYED BY THE TOWNSHIP, TO BE 15 COMPENSATED AT THEIR REGULAR EMPLOYE RATE DURING THEIR 16 ATTENDANCE AT THE ANNUAL MEETING. 17 * * * 18 (J) THE BOARD OF SUPERVISORS MAY AUTHORIZE A SUPERVISOR WHO 19 IS EMPLOYED BY THE TOWNSHIP TO BE COMPENSATED AT THE 20 SUPERVISOR'S REGULAR EMPLOYE RATE AND A SUPERVISOR WHO IS NOT 21 EMPLOYED BY THE TOWNSHIP TO RECEIVE TOTAL OR PARTIAL 22 REIMBURSEMENT FOR LOST WAGES OR SALARY IF THE SUPERVISOR ATTENDS 23 A MEETING FOR WHICH THE SUPERVISOR IS A MEMBER OF THE EXECUTIVE 24 COMMITTEE, A STANDING COMMITTEE OR A TRUSTEE OF THE STATE 25 ASSOCIATION OF TOWNSHIP SUPERVISORS SUBJECT TO THE FOLLOWING 26 LIMITATIONS: 27 (1) A SUPERVISOR ON A STANDING COMMITTEE OF THE STATE 28 ASSOCIATION OF TOWNSHIP SUPERVISORS SHALL BE LIMITED TO TWO DAYS 29 PER YEAR OF REGULAR EMPLOYE RATE COMPENSATION OR LOST WAGES OR 30 SALARY, AS APPLICABLE. 20050S0809B1958 - 5 -
1 (2) A SUPERVISOR ON THE BOARD OF TRUSTEES INSURANCE FUND OF 2 THE STATE ASSOCIATION OF TOWNSHIP SUPERVISORS SHALL BE LIMITED 3 TO FOUR DAYS PER YEAR OF REGULAR EMPLOYE RATE COMPENSATION OR 4 LOST WAGES OR SALARY, AS APPLICABLE. 5 (3) ANY SUPERVISOR ON THE EXECUTIVE BOARD OR COMMITTEE OF 6 THE STATE ASSOCIATION OF TOWNSHIP SUPERVISORS SHALL BE LIMITED 7 TO FIFTEEN DAYS PER YEAR OF REGULAR EMPLOYE RATE COMPENSATION OR 8 LOST WAGES OR SALARY, AS APPLICABLE. 9 (4) A SUPERVISOR ON ANY OF THE COMMITTEES, FUNDS OR BOARDS 10 IDENTIFIED UNDER PARAGRAPH (1), (2) OR (3) MAY NOT BE 11 COMPENSATED BY THE TOWNSHIP UNDER THIS SECTION IF THE SUPERVISOR 12 RECEIVES ANY COMPENSATION FROM THE COMMITTEE, FUND OR BOARD FOR 13 ATTENDING THAT MEETING. 14 Section 2 4. This act shall take effect in 60 days. <-- F9L73RLE/20050S0809B1958 - 6 -