PRINTER'S NO. 1059
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
864
Session of
2015
INTRODUCED BY EMRICK, HEFFLEY, METCALFE, REGAN, EVERETT AND
MALONEY, APRIL 1, 2015
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 1, 2015
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled, as
reenacted and amended, "An act concerning townships of the
second class; and amending, revising, consolidating and
changing the law relating thereto," in election of officers
and vacancies in office, further providing for officers to be
elected and for supervisors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 402(c) and (e) of the act of May 1, 1933
(P.L.103, No.69), known as The Second Class Township Code,
reenacted and amended November 9, 1995 (P.L.350, No.60), and
amended July 13, 1961 (P.L.596, No.294) and July 30, 1975
(P.L.134, No.67), are amended to read:
Section 402. Officers to be Elected.--* * *
(c) At the first municipal election following approval at a
general election of the question providing for the election of
two additional supervisors, [one of the additional supervisors
shall be elected for a term of four years and one for a term of
six years] both additional supervisors shall be elected in
accordance with section 403, each to serve from the first Monday
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of January after the election. [At the first general election
following approval at a municipal election of the question
providing for the election of two additional supervisors, one of
the additional supervisors shall be elected for a term of three
years and one for a term of five years, each to serve from the
first Monday of January after the election. After that time, the
additional supervisors shall be elected for terms of six years
each to serve from the first Monday of January after the
election.]
* * *
(e) At the first municipal election following approval of
the question providing for a return to a three-member board,
three supervisors shall be elected to serve from the first
Monday of January after the election, when the terms of the
officers of the five-member board of supervisors shall cease.
The three candidates receiving the highest number of votes for
the office of supervisor shall be elected in accordance with
section 403. [The candidate receiving the highest number of
votes shall serve for a term of six years. The candidate
receiving the second highest number of votes shall serve for a
term of four years. The candidate receiving the third highest
number of votes shall serve for a term of two years. After that,
supervisors shall be elected under section 403.]
Section 2. Section 403 of the act is amended to read:
Section 403. Supervisors.--(a) Except [as provided under
section 402(b) for the election of additional supervisors or
under section 402(e) for a return to a three-member board, or]
when vacancies create shorter terms, at each municipal election,
the electors of each township shall elect [one supervisor] three
supervisors, unless the township has elected to have five
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supervisors as provided under section 402(b), to serve for a
term of [six] two years from the first Monday of January after
the election.
(b) Except as otherwise provided in this act, no supervisor
shall at the same time hold any other elective or appointive
township office or position. Nothing in this subsection shall
prohibit a supervisor from being a member of a township planning
commission created under the act of July 31, 1968 (P.L.805,
No.247), known as the "Pennsylvania Municipalities Planning
Code."
(c) Supervisors shall reside in the township from which
elected and shall have resided in that township continuously for
at least one year before their election.
Section 3. This act shall take effect in 60 days.
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