PRINTER'S NO. 1830
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1289
Session of
2024
INTRODUCED BY KEARNEY, HUTCHINSON, DUSH, BROWN AND COMITTA,
JULY 12, 2024
REFERRED TO LOCAL GOVERNMENT, JULY 12, 2024
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled "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 vacancies in general.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 407(b) introductory paragraph, (c), (d)
and (e) of the act of May 1, 1933 (P.L.103, No.69), known as The
Second Class Township Code, are amended and the section is
amended by adding a subsection to read:
Section 407. Vacancies in General.--* * *
(b) [A] Except as provided under subsection (e), a
resignation:
* * *
(c) Except as provided under subsection (c.1), the following
shall apply:
(1) If, for any reason, the board of supervisors refuses,
fails, neglects or is unable to fill a vacancy within thirty
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days after the vacancy occurs, as under this section, the
vacancy shall be filled within fifteen additional days by the
vacancy board.
(2) The vacancy board shall consist of the board of
supervisors and one registered elector of the township, who
shall be appointed by the board of supervisors at the board's
first meeting each calendar year or as soon thereafter as is
practical.
(3) The appointed elector shall act as the chairperson of
the vacancy board, and may not vote for themselves to fill any
vacancy.
(c.1) Notwithstanding the provisions of subsection (c), if
the board of supervisors cannot fill a vacancy, the board of
supervisors may, by a majority vote at a public meeting, convene
the vacancy board at any time after the occurrence of the
vacancy for proceedings in accordance with subsection (d).
(d) [If the vacancy board fails to fill the position within
fifteen days, the chairperson] The chairperson of the vacancy
board, or if the position of the chairperson is vacant, the
remaining members of the vacancy board shall petition the court
of common pleas to fill the vacancy[.] if either of the
following occur :
(1) the vacancy board fails to fill the position within
fifteen days ; or
(2) the position of chairperson is vacant and the remaining
members of the vacancy board provide their justification during
a public meeting as to why they cannot fill the position within
fifteen days.
(e) [If two or more vacancies in the office of supervisor
occur on a three-member board, or three or more vacancies occur
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on a five-member board] Notwithstanding any other provision of
this section, if the majorit y of seats on the board of
supervisors are vacant, the court of common pleas shall fill the
vacancies upon presentation of a petition signed by the
remaining supervisors or at least fifteen registered electors of
the township. A resignation on the board of supervisors that
would preclude a majority of supervisors from acting shall
create a vacancy on the date specified in the tendered
resignation or, if no date is specified due to a lack of a
quorum, the second business day after the day tendered,
whichever is later, unless sooner withdrawn in writing.
* * *
Section 2. This act shall take effect in 60 days.
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