Bill Text: PA SB140 | 2009-2010 | Regular Session | Introduced

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Bill Title: 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; and making related repeals.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2009-06-17 - Re-referred to APPROPRIATIONS [SB140 Detail]

Download: Pennsylvania-2009-SB140-Introduced.html

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PRINTER'S NO. 112
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 140 Session of2009
INTRODUCED BY FOLMER, GORDNER, COSTA, M. WHITE, EARLL, ALLOWAY AND WONDERLING, JANUARY 30, 2009
REFERRED TO LOCAL GOVERNMENT, JANUARY 30, 2009
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; and
making related repeals.
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and amended May 27, 1949 (P.L.1955, No.569), is repealed: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
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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
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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:
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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 6.1. Repeals are as follows:
(1) The following provisions of the act of May 21, 1943
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(P.L.571, No.254), known as The Fourth to Eighth Class and
Selective County Assessment Law, are repealed insofar as they
relate to assessors in townships of the first class:
(i) The definition of "assessor" in section 102.
(ii) Section 502.
(iii) Section 506.
(iv) Section 610.
(2) The General Assembly declares that the repeals under
paragraph (3) are necessary to effectuate the amendment or
repeal of sections 228, 503, 515, 530, 1502 clause III and
section 1709.1 of the act.
(3) Section 501(a)(5) and (b) of The Fourth to Eighth
Class and Selective County Assessment Law are repealed.
Section 7. As of the effective date of this section, elected
assessors in townships of the first class shall serve the
remainder of their unexpired terms. Thereafter, assessors shall
neither be elected nor appointed in townships of the first
class.
Section 8. This act shall take effect in 60 days.
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