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                                                       PRINTER'S NO. 780

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 709 Session of 2007


        INTRODUCED BY FOLMER, GORDNER, FERLO, RAFFERTY AND EARLL,
           MARCH 29, 2007

        REFERRED TO LOCAL GOVERNMENT, MARCH 29, 2007

                                     AN ACT

     1  Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
     2     "An act concerning townships of the first class; amending,
     3     revising, consolidating, and changing the law relating
     4     thereto," further providing for elected officers enumerated,
     5     for vacancies in general, for the corporate power of first
     6     class townships being vested in the board of township
     7     commissioners, for elected officers in townships of the first
     8     class and for additions and revisions to duplicates; and
     9     making related repeals.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 228 of the act of June 24, 1931
    13  (P.L.1206, No.331), known as The First Class Township Code,
    14  reenacted and amended May 27, 1949 (P.L.1955, No.569), is
    15  repealed:
    16     [Section 228.  Election of Township Assessor and Assistant
    17  Township Assessor in New Townships.--At such municipal election,
    18  one township assessor shall be elected for a term of four years
    19  and one assistant township assessor for a term of two years.
    20  Thereafter the terms of such township assessor and assistant
    21  township assessor shall be four years from the first Monday of

     1  January succeeding their respective elections.
     2     This section shall not apply to townships in counties having
     3  county boards for the assessment and revision of taxes where
     4  assessors, under existing laws, are appointed.]
     5     Section 2.  Section 503 of the act is amended to read:
     6     Section 503.  Elected Officers Enumerated.--The electors of
     7  each township shall elect (a) at least five township
     8  commissioners, (b) one township treasurer, [(c) except as
     9  hereinafter otherwise provided, one township assessor and one
    10  assistant township assessor, and (d)] and (c) except as
    11  otherwise hereinafter provided, three elected auditors or one
    12  appointed auditor, or one controller where such office has been
    13  established. All elected township officers shall be registered
    14  electors of the township.
    15     Section 3.  Section 515 of the act is repealed:
    16     [Section 515.  Election of Township Assessor and Assistant
    17  Township Assessor.--At the municipal election preceding the
    18  expiration of the term of any township assessor or assistant
    19  township assessor, and quadrennially thereafter, one township
    20  assessor or one assistant township assessor, or both, as the
    21  case may be, shall be elected for four year terms, from the
    22  first Monday of January next succeeding their election.
    23     The compensation of the assistant township assessor shall be
    24  the same as provided by law for the township assessor, and shall
    25  be paid by the county.
    26     This section shall not apply to townships in counties having
    27  county boards for the assessment and revision of taxes where
    28  assessors, under existing laws, are appointed.]
    29     Section 4.  Section 530 of the act, amended May 1, 1981
    30  (P.L.32, No.12), is amended to read:
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     1     Section 530.  Vacancies in General.--When a vacancy occurs in
     2  the office of township commissioner, auditor, controller,
     3  treasurer, [assessor,] or assistant auditor, [or assistant
     4  triennial assessor in any township,] by reason of death,
     5  resignation, removal from the township or ward, or otherwise,
     6  the board of township commissioners of such township shall fill
     7  such vacancy by appointing by resolution a registered voter of
     8  the ward or township, as the case may be, in which the vacancy
     9  occurs. If the board of township commissioners of any township
    10  shall refuse, fail, or neglect, or be unable for any reason
    11  whatsoever, to fill such vacancy within thirty (30) days after
    12  the vacancy occurs, then the vacancy board shall fill the
    13  vacancy within fifteen (15) additional days by appointing a
    14  registered elector of the ward or township, as the case may be,
    15  in which the vacancy occurs. The vacancy board shall consist of
    16  the board of commissioners and one registered elector of the
    17  township, who shall be appointed by the board of township
    18  commissioners at the board's first meeting each calendar year or
    19  as soon thereafter as practical, and who shall act as chairman
    20  of the vacancy board. If the vacancy board does not fill the
    21  vacancy within the prescribed time, the chairman shall, or in
    22  the case of a vacancy in the chairmanship the remaining members
    23  of the vacancy board shall, petition the court of common pleas
    24  to fill the vacancy by appointing a registered elector of the
    25  ward or township, as the case may be, in which the vacancy
    26  occurs. In the case where there are vacancies in a majority of
    27  the offices of commissioners, the court of common pleas shall
    28  fill such vacancies upon presentation of petition signed by not
    29  less than fifteen (15) registered electors of the township. In
    30  all cases, the person so appointed shall hold the office if the
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     1  term thereof continues so long, until the first Monday in
     2  January after the first municipal election occurring more than
     3  sixty (60) days after the vacancy occurs, at which election an
     4  eligible person shall be elected for the remainder of the term
     5  and shall have been a resident of the township continuously for
     6  at least one (1) year before his appointment. In townships
     7  divided into wards, all appointed commissioners shall reside in
     8  the ward in which the vacancy occurred and shall have resided in
     9  said ward continuously for at least one (1) year before
    10  appointment. No person who was convicted of or pled guilty or no
    11  contest to a felony shall be eligible for appointment to fill a
    12  vacancy on the board of commissioners for a period of three (3)
    13  years from the date of the conviction or plea.
    14     Section 5.  Clause III of section 1502 of the act is amended
    15  to read:
    16     Section 1502.  The corporate power of a township of the first
    17  class shall be vested in the board of township commissioners.
    18  The board shall have power--
    19     * * *
    20     III.  Officers, Positions and Departments. To create any
    21  office, position or department which may be deemed necessary for
    22  the good government and interests of the township; and to fix
    23  the compensation of persons appointed thereto[; and to employ
    24  the township assessor and any assistant township assessor to
    25  perform work for the township in connection with the assessment
    26  and valuation of property and occupations for taxation purposes,
    27  or to perform other work when not engaged for the county, and to
    28  fix their compensation, payable by the township].
    29     * * *
    30     Section 6.  Section 1709.1 of the act, amended July 22, 1970
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     1  (P.L.551, No.189), is amended to read:
     2     Section 1709.1.  Additions and Revisions to Duplicates.--
     3  Whenever in any first class township there is any construction
     4  of a building or buildings not otherwise exempt as a dwelling
     5  after January first of any year and the building is not included
     6  in the tax duplicate of the township, the authority responsible
     7  for assessments in the township shall, upon the request of the
     8  township commissioners, [direct the assessor in the township to]
     9  inspect and reassess, subject to the right of appeal and
    10  adjustment provided by the act of Assembly under which
    11  assessments are made, all taxable property in the township to
    12  which major improvements have been made after January first of
    13  any year and to give notice of such reassessments within ten
    14  days to the authority responsible for assessments, the township
    15  and the property owner. The property shall then be added to the
    16  duplicate and shall be taxable for township purposes at the
    17  reassessed valuation for that proportionate part of the fiscal
    18  year of the township remaining after the property was improved.
    19  Any improvement made during the month shall be computed as
    20  having been made on the first of the month. A certified copy of
    21  the additions or revisions to the duplicate shall be furnished
    22  by the township commissioners to the township treasurer,
    23  together with their warrant for collection of the same, and
    24  within ten days thereafter the township treasurer shall notify
    25  the owner of the property of the taxes due the township.
    26     Whenever an assessment is made for a portion of a year as
    27  above provided, the same shall be added to the duplicate of the
    28  following or succeeding year unless the value of the
    29  improvements has already been included in said duplicate.
    30     Section 7.  As of the effective date of this section, elected
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     1  officers in townships of the first class shall serve the
     2  remainder of their unexpired terms. Thereafter, assessors shall
     3  neither be elected nor appointed in townships of the first
     4  class.
     5     Section 8.  This act shall take effect in 60 days.

















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