HB 1195 — An Act amending Title 8 (Boroughs and Incorporated Towns) of the Pennsylvania Consolidated Statutes, in vacancies in office, further providing for filling vacancies in elective borough offices.

PRINTER'S NO.    1344

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1195
                                                Session of
                                                  2025

     INTRODUCED BY JAMES, FREEMAN, SAPPEY, SMITH-WADE-EL AND
        B. MILLER, APRIL 15, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 15, 2025


                                     AN ACT
 1   Amending Title 8 (Boroughs and Incorporated Towns) of the
 2      Pennsylvania Consolidated Statutes, in vacancies in office,
 3      further providing for filling vacancies in elective borough
 4      offices.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Section 901(c), (d) and (e) of Title 8 of the
 8   Pennsylvania Consolidated Statutes are amended, subsection (a.1)
 9   is amended by adding an introductory paragraph and the section
10   is amended by adding a subsection to read:
11   § 901.   Filling vacancies in elective borough offices.
12      * * *
13      (a.1)   Vacancy by resignation.--Except as provided in
14   subsection (e), the following shall apply:
15            * * *
16      (c)   [Unfilled vacancies.--If the council of any borough
17   refuses, fails, neglects or is unable, for any reason
18   whatsoever, to fill any vacancy within 30 days after the vacancy
19   happens, as provided in this section, the vacancy shall be
 1   filled within 15 additional days by the vacancy board.] Vacancy
 2   board.--
 3            (1)   A vacancy board shall be convened to fill any
 4      vacancy within 15 days if the council of any borough, for any
 5      reason, fails to fill a vacancy after 30 days. The council
 6      may vote to convene the vacancy board within 30 days of a
 7      vacancy if it is unable, for any reason, to fill the vacancy
 8      and provides its justification in a public meeting.
 9            (2)   The vacancy board shall consist of the council,
10      exclusive of the mayor, and one registered elector of the
11      borough who shall be appointed by the council at the
12      council's first meeting each calendar year or as soon as
13      practical and who shall act as chair of the vacancy board.
14      The chairperson of the vacancy board shall not vote for
15      themselves to fill the vacancy in any elective borough
16      office.
17            (3)   The vacancy board shall appoint a registered elector
18      of the borough, or ward in the case of a ward office, to hold
19      the office, if the term continues that long, until the first
20      Monday in January after the first municipal election
21      occurring more than 60 days after the vacancy occurs, at
22      which election an eligible individual shall be elected to the
23      office for the remainder of the term.
24      (d)     [Board] Vacancy board petition.--[If the vacancy is not
25   filled by the vacancy board within 15 days, the] The vacancy
26   board chair shall, or, in the case of a vacancy in the chair,
27   the remaining members of the vacancy board shall, petition the
28   court of common pleas to fill the vacancy by the appointment of
29   a registered elector of the borough, or ward in the case of a
30   ward, to hold the office, if the term continues that long, until

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 1   the first Monday in January after the first municipal election
 2   occurring more than 60 days after the vacancy occurs, at which
 3   election an eligible individual shall be elected to the office
 4   for the remainder of the term[.
 5      (e)     Elector petition.--If vacancies exist in more than a
 6   majority of the offices of council, the court of common pleas
 7   shall fill the vacancies upon presentation of petition signed by
 8   not less than 15 registered electors of the borough.] if either
 9   of the following occur:
10            (1)   the vacancy board fails to fill the position within
11      15 days; or
12            (2)   the position of chairperson is vacant and the
13      remaining members of the vacancy board provide a
14      justification as to why the remaining members cannot fill the
15      position sooner than 15 days and vote publicly to disband.
16      (f)     General vacancy petition.--Notwithstanding any other
17   provision of this section, if vacancies exist in more than a
18   majority of the offices of council, the court of common pleas
19   shall fill the vacancies upon presentation of a petition signed
20   by not less than 15 registered electors of the borough or the
21   remaining council members. A resignation that precludes a
22   majority of council members from acting to accept the
23   resignation shall create a vacancy on the date specified in the
24   tendered resignation or, if no date is specified, the second
25   business day after the day tendered, unless sooner withdrawn in
26   writing.
27      Section 2.     This act shall take effect in 60 days.




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