See other bills
under the
same topic
                                 HOUSE AMENDED
        PRIOR PRINTER'S NO. 1020                      PRINTER'S NO. 1958

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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 -