HB 1651 — An Act amending the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, in election of officers and vacancies in office, further providing for vacancies in general.

PRINTER'S NO.   2004

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1651
                                               Session of
                                                 2025

     INTRODUCED BY FREEMAN, SAPPEY, SMITH-WADE-EL, JAMES AND
        B. MILLER, JUNE 24, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 24, 2025


                                    AN ACT
 1   Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
 2      act concerning townships of the second class; and amending,
 3      revising, consolidating and changing the law relating
 4      thereto," in election of officers and vacancies in office,
 5      further providing for vacancies in general.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 407(b) introductory paragraph, (c), (d)
 9   and (e) of the act of May 1, 1933 (P.L.103, No.69), known as The
10   Second Class Township Code, are amended and the section is
11   amended by adding a subsection to read:
12      Section 407.    Vacancies in General.--* * *
13      (b)   [A] Except as provided under subsection (e), a
14   resignation:
15      * * *
16      (c)   Except as provided under subsection (c.1), the following
17   shall apply:
18      (1)   If, for any reason, the board of supervisors refuses,
19   fails, neglects or is unable to fill a vacancy within thirty
 1   days after the vacancy occurs, as under this section, the
 2   vacancy shall be filled within fifteen additional days by the
 3   vacancy board.
 4      (2)     The vacancy board shall consist of the board of
 5   supervisors and one registered elector of the township, who
 6   shall be appointed by the board of supervisors at the board's
 7   first meeting each calendar year or as soon thereafter as is
 8   practical.
 9      (3)     The appointed elector shall act as the chairperson of
10   the vacancy board, and may not vote for themselves to fill any
11   vacancy.
12      (c.1)     Notwithstanding the provisions of subsection (c), if
13   the board of supervisors cannot fill a vacancy, the board of
14   supervisors may, by a majority vote at a public meeting, convene
15   the vacancy board at any time after the occurrence of the
16   vacancy for proceedings in accordance with subsection (d).
17      (d)     [If the vacancy board fails to fill the position within
18   fifteen days, the chairperson] The chairperson of the vacancy
19   board, or if the position of the chairperson is vacant, the
20   remaining members of the vacancy board shall petition the court
21   of common pleas to fill the vacancy[.] if either of the
22   following occur:
23      (1)     the vacancy board fails to fill the position within
24   fifteen days; or
25      (2)     the position of chairperson is vacant and the remaining
26   members of the vacancy board provide their justification during
27   a public meeting as to why they cannot fill the position within
28   fifteen days.
29      (e)     [If two or more vacancies in the office of supervisor
30   occur on a three-member board, or three or more vacancies occur

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 1   on a five-member board] Notwithstanding any other provision of
 2   this section, if the majority of seats on the board of
 3   supervisors are vacant, the court of common pleas shall fill the
 4   vacancies upon presentation of a petition signed by the
 5   remaining supervisors or at least fifteen registered electors of
 6   the township. A resignation on the board of supervisors that
 7   would preclude a majority of supervisors from acting shall
 8   create a vacancy on the date specified in the tendered
 9   resignation or, if no date is specified due to a lack of a
10   quorum, the second business day after the day tendered,
11   whichever is later, unless sooner withdrawn in writing.
12      * * *
13      Section 2.   This act shall take effect in 60 days.




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