THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, GORDNER, EICHELBERGER, EARLL, ERICKSON, WAUGH, WOZNIAK, FONTANA, D. WHITE, ALLOWAY, MENSCH AND ORIE, MARCH 2, 2011

REFERRED TO LOCAL GOVERNMENT, MARCH 2, 2011  

AN ACT

Amending the act of June 24, 1931 (P.L.1206, No.331), entitled

"An act concerning townships of the first class; amending,

revising, consolidating, and changing the law relating

thereto," further providing for elected officers enumerated,

for vacancies in general, for the corporate power of first

class townships being vested in the board of township

commissioners, for elected officers in townships of the first

class and for additions and revisions to duplicates.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 228 of the act of June 24, 1931 (P.L.

1206, No.331), known as The First Class Township Code, reenacted

and amended May 27, 1949 (P.L.1955, No.569), is repealed:

[Section 228.  Election of Township Assessor and Assistant

Township Assessor in New Townships.--At such municipal election,

one township assessor shall be elected for a term of four years

and one assistant township assessor for a term of two years.

Thereafter the terms of such township assessor and assistant

township assessor shall be four years from the first Monday of

January succeeding their respective elections.

This section shall not apply to townships in counties having

county boards for the assessment and revision of taxes where

assessors, under existing laws, are appointed.]

Section 2.  Section 503 of the act is amended to read:

Section 503.  Elected Officers Enumerated.--The electors of

each township shall elect (a) at least five township

commissioners, (b) one township treasurer, [(c) except as

hereinafter otherwise provided, one township assessor and one

assistant township assessor, and (d)] and (c) except as

otherwise hereinafter provided, three elected auditors or one

appointed auditor, or one controller where such office has been

established. All elected township officers shall be registered

electors of the township.

Section 3.  Section 515 of the act is repealed:

[Section 515.  Election of Township Assessor and Assistant

Township Assessor.--At the municipal election preceding the

expiration of the term of any township assessor or assistant

township assessor, and quadrennially thereafter, one township

assessor or one assistant township assessor, or both, as the

case may be, shall be elected for four year terms, from the

first Monday of January next succeeding their election.

The compensation of the assistant township assessor shall be

the same as provided by law for the township assessor, and shall

be paid by the county.

This section shall not apply to townships in counties having

county boards for the assessment and revision of taxes where

assessors, under existing laws, are appointed.]

Section 4.  Section 530 of the act, amended May 1, 1981 (P.L.

32, No.12), is amended to read:

Section 530.  Vacancies in General.--When a vacancy occurs in

the office of township commissioner, auditor, controller,

treasurer, [assessor,] or assistant auditor, [or assistant

triennial assessor in any township,] by reason of death,

resignation, removal from the township or ward, or otherwise,

the board of township commissioners of such township shall fill

such vacancy by appointing by resolution a registered voter of

the ward or township, as the case may be, in which the vacancy

occurs. If the board of township commissioners of any township

shall refuse, fail, or neglect, or be unable for any reason

whatsoever, to fill such vacancy within thirty (30) days after

the vacancy occurs, then the vacancy board shall fill the

vacancy within fifteen (15) additional days by appointing a

registered elector of the ward or township, as the case may be,

in which the vacancy occurs. The vacancy board shall consist of

the board of commissioners and one registered elector of the

township, who shall be appointed by the board of township

commissioners at the board's first meeting each calendar year or

as soon thereafter as practical, and who shall act as chairman

of the vacancy board. If the vacancy board does not fill the

vacancy within the prescribed time, the chairman shall, or in

the case of a vacancy in the chairmanship the remaining members

of the vacancy board shall, petition the court of common pleas

to fill the vacancy by appointing a registered elector of the

ward or township, as the case may be, in which the vacancy

occurs. In the case where there are vacancies in a majority of

the offices of commissioners, the court of common pleas shall

fill such vacancies upon presentation of petition signed by not

less than fifteen (15) registered electors of the township. In

all cases, the person so appointed shall hold the office if the

term thereof continues so long, until the first Monday in

January after the first municipal election occurring more than

sixty (60) days after the vacancy occurs, at which election an

eligible person shall be elected for the remainder of the term

and shall have been a resident of the township continuously for

at least one (1) year before his appointment. In townships

divided into wards, all appointed commissioners shall reside in

the ward in which the vacancy occurred and shall have resided in

said ward continuously for at least one (1) year before

appointment. No person who was convicted of or pled guilty or no

contest to a felony shall be eligible for appointment to fill a

vacancy on the board of commissioners for a period of three (3)

years from the date of the conviction or plea.

Section 5.  Clause III of section 1502 of the act is amended

to read:

Section 1502.  The corporate power of a township of the first

class shall be vested in the board of township commissioners.

The board shall have power--

* * *

III.  Officers, Positions and Departments. To create any

office, position or department which may be deemed necessary for

the good government and interests of the township; and to fix

the compensation of persons appointed thereto[; and to employ

the township assessor and any assistant township assessor to

perform work for the township in connection with the assessment

and valuation of property and occupations for taxation purposes,

or to perform other work when not engaged for the county, and to

fix their compensation, payable by the township].

* * *

Section 6.  Section 1709.1 of the act, amended July 22, 1970

(P.L.551, No.189), is amended to read:

Section 1709.1.  Additions and Revisions to Duplicates.--

Whenever in any first class township there is any construction

of a building or buildings not otherwise exempt as a dwelling

after January first of any year and the building is not included

in the tax duplicate of the township, the authority responsible

for assessments in the township shall, upon the request of the

township commissioners, [direct the assessor in the township to] 

inspect and reassess, subject to the right of appeal and

adjustment provided by the act of Assembly under which

assessments are made, all taxable property in the township to

which major improvements have been made after January first of

any year and to give notice of such reassessments within ten

days to the authority responsible for assessments, the township

and the property owner. The property shall then be added to the

duplicate and shall be taxable for township purposes at the

reassessed valuation for that proportionate part of the fiscal

year of the township remaining after the property was improved.

Any improvement made during the month shall be computed as

having been made on the first of the month. A certified copy of

the additions or revisions to the duplicate shall be furnished

by the township commissioners to the township treasurer,

together with their warrant for collection of the same, and

within ten days thereafter the township treasurer shall notify

the owner of the property of the taxes due the township.

Whenever an assessment is made for a portion of a year as

above provided, the same shall be added to the duplicate of the

following or succeeding year unless the value of the

improvements has already been included in said duplicate.

Section 7.  This act shall take effect in 60 days.