HB 1836 — An Act amending Title 73 (Townships) of the Pennsylvania Consolidated Statutes, consolidating the First Class Township Code; and making a repeal.

PRINTER'S NO.   2259

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           HOUSE BILL
                           No. 1836
                                                Session of
                                                  2025

     INTRODUCED BY FREEMAN, SAPPEY, SMITH-WADE-EL, JAMES AND
        B. MILLER, SEPTEMBER 4, 2025

     REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 4, 2025


                                       AN ACT
 1   Amending Title 73 (Townships) of the Pennsylvania Consolidated
 2      Statutes, consolidating the First Class Township Code; and
 3      making a repeal.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.     Title 73 of the Pennsylvania Consolidated
 7   Statutes is amended by adding parts to read:
 8                                     PART I
 9                           PRELIMINARY PROVISIONS
10   Chapter
11      1.     General Provisions
12                                  CHAPTER 1
13                             GENERAL PROVISIONS
14   Sec.
15   101.    Short title (Reserved).
16   102.    Definitions.
17   103.    Savings clauses where class of township changed.
18   104.    (Reserved).
 1   105.   Classification of townships.
 2   106.   Creation of townships of the first class from townships of
 3               the second class.
 4   107.   Reestablishment of townships of the second class.
 5   108.   Consolidation or merger.
 6   109.   Officers for new townships.
 7   110.   Certificate of creation of township.
 8   111.   Change of name of township.
 9   § 101.   Short title (Reserved).
10   § 102.   Definitions.
11      Subject to additional definitions contained in subsequent
12   provisions of this title which are applicable to specific
13   provisions of this title, the following words and phrases when
14   used in this title shall have the meanings given to them in this
15   section unless the context clearly indicates otherwise:
16      (Reserved).
17   § 103.   Savings clauses where class of township changed.
18      If a township of the second class is designated a township of
19   the first class, or if a township of the first class is
20   reestablished as a township of the second class, all liabilities
21   incurred, rights accrued or vested, obligations issued or
22   contracted and all suits and prosecutions pending or to be
23   instituted to enforce any right or penalty accrued or to punish
24   any offense committed before the change of class, and all
25   ordinances, resolutions, rules and regulations shall continue
26   with the same force and effect as if no change had been made.
27   § 104.   (Reserved).
28   § 105.   Classification of townships.
29      (a)   General rule.--Townships now in existence and those to
30   be created are divided into two classes:

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 1            (1)   townships of the first class; and
 2            (2)   townships of the second class.
 3      (b)   Township of the first class.--A township of the first
 4   class shall be a township having a population of at least 300
 5   inhabitants to the square mile and:
 6            (1)   is functioning as a township of the first class as
 7      of June 24, 1931; or
 8            (2)   was created after June 24, 1931, as a township of
 9      the first class in the manner provided in this part.
10      (c)   Township of the second class.--A township that is not a
11   township of the first class or a home rule municipality shall be
12   classified as a township of the second class.
13      (d)   Change between classes.--A change from one class to the
14   other shall be made only as provided by this part or the laws
15   relating to townships of the second class.
16   § 106.   Creation of townships of the first class from townships
17                  of the second class.
18      (a)   Establishment as a township of the first class.--A
19   township of the second class may be established as a township of
20   the first class as follows:
21            (1)   A township of the second class may become a township
22      of the first class if the township of the second class has a
23      population density of 300 or more inhabitants to the square
24      mile. The population density shall be determined from the
25      most recent census data as made available by the United
26      States Census Bureau, whether it is from the decennial
27      census, special census or from the Population Estimates
28      Program.
29            (2)   The board of supervisors of a township of the second
30      class on the board's own initiative may, or within 15 days

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 1      after the receipt of a petition signed by at least 5% of the
 2      electors of the township of the second class shall, pass a
 3      resolution, which shall be recorded on the township's
 4      minutes, submitting the question of whether the township of
 5      the second class shall be established as a township of the
 6      first class to the electors of the township of the second
 7      class. The petition and resolution shall include the
 8      population density of the township of the second class.
 9            (3)   At the next primary, general or municipal election
10      occurring at least 90 days after the passage of the
11      resolution under paragraph (2), the question shall be
12      submitted to the electors of the township. The county board
13      of elections shall place the question of establishing a
14      township of the first class on the ballot in accordance with
15      the act of June 3, 1937 (P.L.1333, No.320), known as the
16      Pennsylvania Election Code.
17            (4)   The election officers shall compute the votes cast
18      at the election under paragraph (3) and certify the votes to
19      the county board of elections. The county board of elections
20      shall compute the votes cast and certify the result to the
21      county commissioners, the board of supervisors of the
22      township of the second class and the clerk of the court of
23      common pleas. If a majority of the votes cast at the election
24      are in favor of becoming a township of the first class, the
25      government of the township of the first class shall be
26      organized and become effective on the first Monday of January
27      after the election.
28      (b)   Terms of officers ended.--When a township of the first
29   class is organized and becomes effective under subsection (a),
30   the terms of the officers of the township of the second class

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 1   shall cease and the officers appointed by the court for the
 2   township under section 109 (relating to officers for new
 3   townships) shall take office.
 4      (c)   Moratorium if election fails.--If a majority of the
 5   votes cast at the election under subsection (a) are in favor of
 6   remaining a township of the second class, no further proceedings
 7   may be initiated for a period of two years from the date of the
 8   election.
 9   § 107.   Reestablishment of townships of the second class.
10      A township of the first class may, no sooner than five years
11   after becoming a township of the first class, be reestablished
12   as a township of the second class as provided in the act of May
13   1, 1933 (P.L.103, No.69), known as The Second Class Township
14   Code.
15   § 108.   Consolidation or merger.
16      A township may be merged or consolidated into a new or
17   existing municipal corporation in accordance with 53 Pa.C.S. Ch.
18   7 Subch. C (relating to consolidation and merger).
19   § 109.   Officers for new townships.
20      (a)   Appointment of new officers.--If a new township of the
21   first class is created from a township of the second class as
22   provided in this chapter, the court of common pleas of the
23   appropriate county shall appoint the elective officers for the
24   new township and determine the polling place or places in the
25   new township. The appointed officers shall hold office until the
26   first Monday of January after the next municipal election as
27   provided in this part.
28      (b)   Commissioners.--At the first municipal election
29   following the creation of a township under section 106 (relating
30   to creation of townships of the first class from townships of

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 1   the second class), five township commissioners shall be elected
 2   at large if the township has not been divided into wards. Three
 3   of the commissioners shall be elected for terms of four years
 4   each, and two for terms of two years each, from the first Monday
 5   of January next following the election. The ballots at the
 6   election shall designate the term for which each commissioner is
 7   elected. Each commissioner's successor shall be elected for
 8   terms of four years in accordance with this part. If the
 9   township has been divided into wards, the township commissioners
10   shall be elected as provided in section 1504 (relating to
11   schedule for election of commissioners in townships first
12   divided into wards).
13      (c)   Tax collector.--At the first municipal election, a tax
14   collector shall be elected for a two-year or four-year term so
15   that the term shall expire at the same time as the terms of tax
16   collectors of other townships of the first class under the
17   provisions of this part. For each subsequent tax collector, the
18   term of tax collector of the township shall be four years from
19   the first Monday of January next following the tax collector's
20   election.
21   § 110.   Certificate of creation of township.
22      If a township of the first class is created, the clerk of the
23   court shall certify to the Department of State, the Department
24   of Transportation, the Department of Community and Economic
25   Development and the county planning commission a copy of the
26   record constituting the charter of the township. The clerk of
27   the court may charge a fee of $3.50 to be paid as part of the
28   costs of the proceedings.
29   § 111.   Change of name of township.
30      (a)   Referendum.--Upon petition to the court of common pleas

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 1   of at least 10% of the electors of a township or upon the
 2   passage of a resolution by the board of commissioners seeking a
 3   change of the name of the township, the court of common pleas
 4   shall order a referendum on the question.
 5      (b)    Filing with clerk of court.--If the court determines
 6   that the petition or resolution for change of name of the
 7   township is in proper form and properly executed, the original
 8   petition or resolution shall be filed with the clerk of the
 9   court. A copy of the petition or resolution and order of the
10   court shall be filed with the county board of elections which
11   shall frame the question to be submitted to the electors at the
12   next general or municipal election which occurs at least 60 days
13   after the court order.
14      (c)    Certification of the vote.--The election officers shall
15   compute the votes cast on a question submitted under subsection
16   (a) and certify the votes to the clerk of the court of common
17   pleas, who shall tabulate the votes and certify the result. If a
18   majority of the votes cast at the election are in favor of the
19   change of township name, the court shall so order and shall
20   order the record of the proceedings to be permanently recorded.
21   If a majority of the votes are against the change, there shall
22   be no further proceedings on the petition or resolution.
23                                   PART II
24                          FIRST CLASS TOWNSHIP CODE
25   Chapter
26      11.    Preliminary Provisions
27      13.    (Reserved)
28      15.    Wards
29      17.    Election of Officers and Vacancies in Office
30      19.    General Provisions Relating to Township Officers

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 1    21.    Township Commissioners
 2    23.    Appointed Township Treasurer
 3    25.    Tax Collector
 4    27.    Township Secretary
 5    29.    Auditors
 6    31.    Controller
 7    33.    Township Solicitor
 8    35.    Township Engineer
 9    37.    Township Manager
10    39.    Veterans' Affairs
11    41.    Police
12    43.    Corporate Powers
13    45.    Real Estate Registry
14    47.    Public Health
15    49.    Finance and Taxation
16    51.    Contracts
17    53.    Eminent Domain, Assessment of Damages and Benefits
18    55.    Streets and Highways
19    57.    Bridges
20    59.    Sidewalks
21    61.    Sanitary Sewers and Drains
22    63.    Assessments for Public Improvements
23    65.    Water Supply
24    67.    Manufacture and Sale of Electricity
25    69.    Public Buildings
26    71.    Licenses and License Fees
27    73.    Parks, Recreation Centers, Shade Trees and Forests
28    75.    Uniform Construction Code, Property Maintenance Code and
29          Reserved Powers
30    77.    Ordinances

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 1      79.    Actions By and Against Townships
 2      81.    Repeals
 3                                   CHAPTER 11
 4                             PRELIMINARY PROVISIONS
 5   Sec.
 6   1101.    Short title of part.
 7   1102.    Definitions.
 8   1103.    Excluded provisions.
 9   1104.    Construction of part generally.
10   1105.    Constitutional construction.
11   1106.    Construction of references.
12   1107.    Legal advertising.
13   1108.    Application.
14   § 1101.    Short title of part.
15      This part shall be known and may be cited as The First Class
16   Township Code.
17   § 1102.    Definitions.
18      The following words and phrases when used in this part shall
19   have the meanings given to them in this section unless the
20   context clearly indicates otherwise:
21      "Board of commissioners."      The board of township
22   commissioners of a township of the first class.
23      "Highway."    A road or highway of the State highway system.
24      "Individual."    A natural person.
25      "Municipal authority."       A body politic and corporate created
26   under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).
27      "Municipal corporation."       A city, borough, incorporated town,
28   township of the first or second class or a home rule
29   municipality other than a county.
30      "Municipality."      A county, city, borough, incorporated town,

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 1   township of the first or second class or a home rule
 2   municipality.
 3      "Pennsylvania Municipalities Planning Code."         The act of July
 4   31, 1968 (P.L.805, No.247), known as the Pennsylvania
 5   Municipalities Planning Code.
 6      "Person."      Includes a natural person, corporation,
 7   partnership, limited liability company, business trust, other
 8   association, government entity other than the Commonwealth,
 9   estate, trust or foundation.
10      "Street."      Includes a street, road, lane, alley, court or
11   public square.
12      "Township."      A township of the first class.
13   § 1103.    Excluded provisions.
14      This part does not include any provisions, and shall not be
15   construed to repeal any act, relating to:
16             (1)    The assessment and valuation of property and persons
17      for the purposes of taxation and collection of taxes, except
18      as provided in this part.
19             (2)    The collection of municipal claims by liens.
20             (3)    The method of incurring or increasing bonded
21      indebtedness.
22             (4)    Conduct of elections.
23             (5)    Public schools and school districts.
24             (6)    The powers and duties of constables.
25             (7)    Magisterial district judges.
26             (8)    State highways and private roads.
27             (9)    Any of the provisions of 75 Pa.C.S. (relating to
28      vehicles).
29             (10)    Validation of elections, bonds, ordinances and acts
30      of corporate officers.

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 1             (11)   Any of the provisions of 24 Pa.C.S. Ch. 93
 2      (relating to public library code).
 3             (12)   Crimes and offenses provided for in 18 Pa.C.S.
 4      (relating to crimes and offenses).
 5             (13)   Any law relating to the giving of municipal consent
 6      to public utilities.
 7   § 1104.    Construction of part generally.
 8      (a)    General rule.--The provisions of this part so far as
 9   they are the same as those of laws in effect prior to June 24,
10   1931, are intended as a continuation of laws in effect prior to
11   June 24, 1931, and not as new enactments. The repeal by this
12   part of any act of the General Assembly, or part thereof, shall
13   not revive any act, or part thereof, repealed or superseded
14   prior to June 24, 1931, nor affect the existence of class of any
15   township created prior to June 24, 1931. The provisions of this
16   part shall not affect any act done, liability incurred, or right
17   accrued or vested, or affect any suit or prosecution, pending or
18   to be instituted, to enforce any right or penalty or punish any
19   offense under the authority of the repealed laws. All
20   ordinances, resolutions, regulations, and rules, made pursuant
21   to any act of the General Assembly repealed by this part, shall
22   continue with the same force and effect as if the act had not
23   been repealed.
24      (b)    Powers and duties continued.--The board of commissioners
25   shall have the corporate powers and duties and township
26   officials shall have the powers and duties, not only as
27   specified in this part but also as provided in other laws, to
28   the extent that the powers and duties are not repealed by this
29   part.
30   § 1105.    Constitutional construction.

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 1      The provisions of this part shall be severable, and if any of
 2   the provisions shall be held to be unconstitutional, such
 3   decision shall not affect the validity of any of the remaining
 4   provisions of this part. It is declared as the legislative
 5   intent that this part would have been adopted had such
 6   unconstitutional provision not been included.
 7   § 1106.    Construction of references.
 8      A reference made in this part to any act by title or
 9   otherwise shall also apply to and include any codification
10   wherein the provisions of the act referred to are substantially
11   reenacted.
12   § 1107.    Legal advertising.
13      (a)    General rule.--A notice required to be published in one
14   or more newspapers under this part shall be made in a newspaper
15   of general circulation, as defined under 45 Pa.C.S. § 101
16   (relating to definitions), printed in the township or in a
17   newspaper circulating generally in the township if there is no
18   newspaper of general circulation.
19      (b)    Special circumstances.--
20             (1)   Unless dispensed with by special order of court, if
21      the notice under subsection (a) relates to one of the
22      following, the notice shall also, in counties of the second,
23      third, fourth and fifth classes, be published in the legal
24      newspaper of the county, if any, designated by the rules of
25      court:
26                   (i)    Proceeding or matter in a court.
27                   (ii)    Holding of an election for the increase of
28             indebtedness.
29                   (iii)    Issue and sale of bonds to be paid by
30             taxation.

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 1             (2)   The following shall be published only in newspapers
 2      of general circulation:
 3                   (i)    Ordinances.
 4                   (ii)     Auditors' statements.
 5                   (iii)    Summaries of auditors' statements.
 6                   (iv)    Advertisements inviting proposals for public
 7             contracts or for bids for materials and supplies.
 8                   (v)    Lists of delinquent taxpayers.
 9   § 1108.    Application.
10      This part shall apply to all townships of the first class.
11                                        CHAPTER 13
12                                        (Reserved)
13                                        CHAPTER 15
14                                          WARDS
15   Sec.
16   1501.    Creation and alteration of wards.
17   1502.    Petition of electors.
18   1503.    County board of elections.
19   1504.    Schedule for election of commissioners in townships first
20                   divided into wards.
21   1505.    Schedule of election of commissioners in newly created
22                   wards.
23   1506.    Pennsylvania Election Code.
24   § 1501.    Creation and alteration of wards.
25      (a)    Power of boards of commissioners.--In addition to
26   reapportionment initiated in accordance with 53 Pa.C.S. Ch. 9
27   (relating to municipal reapportionment) and section 11 of
28   Article IX of the Constitution of Pennsylvania, a board of
29   commissioners may, by ordinance, do any of the following:
30             (1)   Divide townships into wards.

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 1             (2)   Create new wards out of two or more adjoining wards
 2      or parts of wards.
 3             (3)   Consolidate two or more wards into one ward.
 4             (4)   Divide any ward already erected into two or more
 5      wards.
 6             (5)   Alter the lines of two or more adjoining wards.
 7             (6)   Cause the lines or boundaries of wards to be
 8      ascertained or established.
 9             (7)   Abolish all wards.
10      (b)    Limitations.--
11             (1)   No township may be divided or redivided into more
12      than 15 wards.
13             (2)   No ward shall be created containing less than 300
14      registered electors.
15      (c)    Less than five wards in township.--If a ward is
16   abolished under this section and the number of wards in the
17   township is reduced to less than five, then the commissioner or
18   commissioners in the abolished ward or wards shall continue in
19   office for the term for which elected and shall become a
20   commissioner or commissioners at large from the township.
21      (d)    Compact and contiguous territory.--All wards in the
22   township shall be numbered and composed of compact and
23   contiguous territory as nearly equal in population as
24   practicable as officially and finally reported in the most
25   recent Federal decennial census.
26   § 1502.    Petition of electors.
27      (a)    General rule.--At least 5% of registered electors of the
28   township or, for a proposal affecting only a portion of the
29   township, at least 5% of the registered electors of the ward
30   which would be affected by the proposal, may petition the board

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 1   of commissioners to initiate proceedings under section 1501
 2   (relating to creation and alteration of wards) and may present
 3   to the board of commissioners a plot showing the boundaries of
 4   the proposed wards of the township. The board of commissioners
 5   shall, by motion approved by a majority of the commissioners
 6   within 90 days of presentment of the petition, determine whether
 7   to initiate proceedings under section 1501.
 8      (b)    Failure to approve motion.--If the board of
 9   commissioners has not approved a motion within 90 days after the
10   presentment of a petition under subsection (a), 10 registered
11   electors may petition the court of common pleas to contest the
12   existing apportionment as violating section 1501(b) or (d). The
13   proceedings before the court shall be conducted in accordance
14   with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment
15   by governing body) and 907 (relating to costs and expenses of
16   contest).
17   § 1503.   County board of elections.
18      A copy of the ordinance enacted under section 1501 (relating
19   to creation and alteration of wards), along with a plot showing
20   the boundaries of the wards established, shall be forwarded to
21   the county board of elections.
22   § 1504.   Schedule for election of commissioners in townships
23                first divided into wards.
24      (a)    General rule.--When a township is first divided into
25   wards, the township commissioners then in office shall continue
26   in office until the expiration of the commissioners' respective
27   terms.
28      (b)    Election of commissioners.--At the first municipal
29   election occurring at least 90 days after the division into
30   wards, the registered electors of each ward of the township

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 1   shall elect one township commissioner who shall reside in the
 2   ward for which the commissioner is elected.
 3      (c)   Terms of office.--At the election under subsection (b),
 4   the township commissioners elected in even-numbered wards shall
 5   be elected for terms of two years each. Commissioners elected in
 6   odd-numbered wards shall be elected for terms of four years
 7   each. The terms of office for even-numbered and odd-numbered
 8   wards may be vice versa so that the expiration of the terms will
 9   harmonize with the expiration of terms of township commissioners
10   elected for the even-numbered or odd-numbered wards under the
11   provisions of this part. For subsequent elections, commissioners
12   shall be elected for terms of four years each at the municipal
13   election immediately preceding the expiration of the terms of
14   ward commissioners.
15      (d)   Township divided into less than five wards.--For a
16   township divided into less than five wards that will have less
17   than five township commissioners upon the expiration of terms,
18   at the municipal election preceding the expiration of the terms
19   of any commissioner or commissioners elected at large, there
20   shall be elected at large a sufficient number of township
21   commissioners so that the total number of commissioners elected
22   by wards and at large in the township shall be five. The
23   following shall apply:
24            (1)   If one township commissioner is elected at large,
25      the commissioner shall be elected for a term of four years.
26            (2)   If two township commissioners are elected at large,
27      one shall be elected for a term of two years and one for a
28      term of four years.
29            (3)   If three township commissioners are elected at
30      large, two shall be elected for terms of four years each and

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 1      one for a term of two years.
 2             (4)   Successors to the township commissioners elected at
 3      large shall be elected for terms of four years each.
 4      (e)    Commencement of terms.--All terms of office of township
 5   commissioners, elected at large or by wards, shall commence on
 6   the first Monday of January next following their election.
 7   § 1505.    Schedule of election of commissioners in newly created
 8                   wards.
 9      (a)    Wards fewer than five.--
10             (1)   If a new ward is created in a township previously
11      divided into wards and the number of wards in the township,
12      including the new ward, is less than five, the registered
13      electors of the new ward shall elect one township
14      commissioner at the next municipal election following the
15      expiration of the term of the commissioner or commissioners
16      elected at large whose terms shall first expire after the
17      creation of the new ward.
18             (2)   The individual elected commissioner under paragraph
19      (1) must be a resident of the ward for which the commissioner
20      is elected.
21             (3)   The commissioner elected under paragraph (1) shall
22      serve for a term of two or four years, so that the expiration
23      of the commissioner's term will harmonize with the expiration
24      of terms of commissioners for the even or odd numbered wards
25      under the provisions of this part.
26             (4)   A commissioner elected to succeed a township
27      commissioner elected under paragraph (1) shall serve a term
28      of four years.
29             (5)   The number of commissioners elected at large in the
30      township shall be the difference between the number of wards

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 1    and five, and a sufficient number of commissioners shall be
 2    elected at large at each municipal election preceding the
 3    expiration of terms of commissioners at large so that the
 4    total number of commissioners in the township will at all
 5    times be five.
 6    (b)   Wards numbering five.--
 7          (1)   If a new ward is created in a township previously
 8    divided into wards and the number of wards in the township,
 9    including the new ward, is five, the residents of the ward
10    shall elect a township commissioner at the municipal election
11    preceding the expiration of the term of office of any
12    commissioner or commissioners elected at large.
13          (2)   The individual elected commissioner under paragraph
14    (1) must be a resident of the ward for which the commissioner
15    is elected.
16          (3)   The commissioner elected under paragraph (1) shall
17    serve a two-year or four-year term so that the expiration of
18    the commissioner's term will harmonize with the expiration of
19    terms of commissioners for the even-numbered or odd-numbered
20    wards under the provisions of this chapter.
21          (4)   A commissioner elected to succeed a commissioner
22    elected under paragraph (1) shall serve a four-year term. No
23    township commissioner shall thereafter be elected at large in
24    the township.
25    (c)   Wards more than five.--
26          (1)   If a new ward is created in a township previously
27    divided into wards and the number of wards in the township,
28    including the new ward, is more than five, the court of
29    common pleas of the county in which the township is located
30    shall appoint a township commissioner for the new ward.

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 1             (2)    The commissioner appointed under paragraph (1) shall
 2      hold office until the first Monday in January succeeding the
 3      first municipal election at which township commissioners are
 4      elected in the even-numbered or odd-numbered wards under the
 5      provisions of this part.
 6             (3)    The qualified electors of the new ward shall elect a
 7      township commissioner for a term of four years at the
 8      municipal election described under paragraph (2), and every
 9      four years thereafter.
10             (4)    The individual elected commissioner under paragraph
11      (3) must be a resident of the ward for which the commissioner
12      is elected.
13      (d)    First day of office.--A township commissioner elected
14   under this section shall take office on the first Monday of
15   January next succeeding the commissioner's election.
16   § 1506.    Pennsylvania Election Code.
17      Nothing in this chapter shall be construed as affecting the
18   powers and duties of the court of common pleas, the county board
19   of elections or restrictions on alteration of election districts
20   as provided in Article V of the act of June 3, 1937 (P.L.1333,
21   No.320), known as the Pennsylvania Election Code.
22                                    CHAPTER 17
23                   ELECTION OF OFFICERS AND VACANCIES IN OFFICE
24   Subchapter
25      A.    General Provisions
26      B.    Vacancies in Office
27                                   SUBCHAPTER A
28                                GENERAL PROVISIONS
29   Sec.
30   1701.    Eligibility.

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 1   1702.    Term of office.
 2   1703.    Elected officers.
 3   § 1701.    Eligibility.
 4      (a)    General rules.--
 5             (1)   Only a registered elector of a township may be
 6      eligible to an elective office in the township.
 7             (2)   Before being sworn into office, each elected
 8      township officer, or, except as provided under section 1711
 9      (relating to vacancies), each appointed township officer in
10      case of a vacancy in an elective office, shall present a
11      signed affidavit to the township secretary stating that the
12      officer resides in the township, or within the ward in the
13      case of a ward office, from which elected or appointed and
14      has resided in the township or ward continuously for at least
15      one year immediately prior to the officer's election or
16      appointment.
17             (3)   In the case of a newly created ward in existence for
18      less than one year at the time of a township officer's
19      election or appointment, the affidavit under paragraph (2)
20      shall state that the officer has resided within the township
21      continuously for at least one year immediately prior to the
22      officer's election or appointment and within the ward from
23      the date of the ward's creation continuously until the
24      officer's election or appointment.
25      (b)    Vacancy for failure to satisfy requirements of office.--
26   If an individual elected to office, or appointed to an elective
27   office, fails to give the required bond, take the required oath
28   or provide a signed affidavit, a vacancy is created in the
29   office for which the individual was elected or appointed, and
30   the vacancy shall be filled as provided in section 1711.

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 1      (c)    More than one office prohibited.--No individual may hold
 2   more than one elective township office at the same time.
 3   § 1702.    Term of office.
 4      Except if a vacancy in office occurs under section 1711
 5   (relating to vacancies), officers shall hold office for the term
 6   for which the individual was elected. Officers shall not serve
 7   longer than the first Monday of January succeeding the municipal
 8   election at which a successor was elected.
 9   § 1703.    Elected officers.
10      (a)    General rule--The electors of each township shall elect:
11             (1)   At least five township commissioners, and the
12      following shall apply:
13                   (i)    In townships divided into wards but having fewer
14             than five wards, the number of commissioners shall be
15             five. One commissioner shall be elected from each ward,
16             and the remaining number of commissioners, to which the
17             township is entitled, shall be elected at large. In
18             townships having five or more wards, one commissioner
19             shall be elected from each ward. Township commissioners
20             shall be elected at municipal elections, preceding the
21             expiration of the terms of commissioners then in office,
22             for terms of four years each. Commissioners from odd-
23             numbered wards shall be elected at alternate municipal
24             elections than the municipal elections at which
25             commissioners from even-numbered wards are elected.
26             Elections at large shall be held at the municipal
27             election preceding the expiration of the term of any
28             commissioner elected at large.
29                   (ii)   In townships not divided into wards, there
30             shall be five township commissioners who shall be elected

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 1        at large by the electors of the township. At each
 2        municipal election, two or three township commissioners,
 3        as the case may be, shall be elected for terms of four
 4        years each to take the place of the commissioners whose
 5        terms then expire.
 6        (2)   One township tax collector, and the following shall
 7    apply:
 8              (i)    The township tax collector shall be elected at
 9        municipal elections every four years. An individual must
10        be a qualified tax collector or, in the case of an
11        individual appointed to fill a vacancy in the office of
12        tax collector, become a qualified tax collector, in
13        accordance with the act of May 25, 1945 (P.L.1050,
14        No.394), known as the Local Tax Collection Law.
15              (ii)   If no individual is elected to the position of
16        tax collector in the municipal election, or if the
17        position of tax collector becomes vacant, the board of
18        commissioners may, by resolution, appoint an individual
19        or person to collect taxes. If a person other than an
20        individual is appointed, the person shall post bonds to
21        the same extent as would an individual appointed to fill
22        the vacancy and as further provided by terms and
23        conditions as specified by the board of commissioners.
24        Notwithstanding the Local Tax Collection Law, if a person
25        other than an individual is appointed as a tax collector,
26        no individual employed by the appointed tax collector or
27        any of the appointed tax collector's officers shall be
28        required to be or become a qualified tax collector or to
29        file criminal history record information.
30        (3)   Three elected auditors, and the following shall

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 1    apply:
 2              (i)    At each municipal election, one auditor shall be
 3        elected for a term of six years. No auditor shall at the
 4        same time hold any other elective or appointive office.
 5              (ii)    The board of commissioners may provide by
 6        ordinance for the appointment of an independent auditor,
 7        in lieu of providing for the election of three auditors,
 8        as provided in subparagraph (i) or one controller as
 9        provided in paragraph (4). After enactment of the
10        ordinance, an independent auditor shall be appointed
11        annually by resolution at least 30 days prior to the
12        close of the fiscal year. The office of elected auditor
13        is abolished upon the appointment of an independent
14        auditor.
15              (iii)    The board of commissioners shall have the
16        right at any time to repeal the ordinance providing for
17        the appointed independent auditor, whereupon three
18        auditors shall be elected at the next municipal election
19        following the repeal of the ordinance, to whom the
20        following shall apply:
21                     (A)   One elected auditor shall serve a term of
22              two years.
23                     (B)   One elected auditor shall serve a term of
24              four years.
25                     (C)   One elected auditor shall serve a term of
26              six years.
27                     (D)   The three elected auditors shall have all
28              the powers and perform all the duties as provided in
29              this part for elected auditors.
30        (4)   One elected controller in lieu of three elected

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 1    auditors, and the following shall apply:
 2             (i)    The provisions of this part relating to the
 3        controller shall not become operative or effective until
 4        the board of commissioners shall, by ordinance, accept
 5        the provisions of this part relating to the office of
 6        controller.
 7             (ii)    When a township has provided by ordinance for
 8        the office of an elected controller, the board of
 9        commissioners shall petition the court of common pleas to
10        appoint a controller to hold office until the first
11        Monday of January next succeeding the next municipal
12        election when a controller shall be elected. When a
13        controller is appointed or elected as provided in this
14        paragraph, the office of elected auditor is abolished.
15             (iii)    One controller, who shall be a competent
16        accountant, shall be elected at municipal elections every
17        four years.
18             (iv)    The office of controller shall be continued
19        until the ordinance is repealed, at which time the office
20        of controller shall terminate. The township shall either
21        appoint an independent auditor or, at the next municipal
22        election following the repeal of the ordinance, provide
23        for the election of three auditors, to whom the following
24        shall apply:
25                    (A)   One elected auditor shall serve a term of
26             two years.
27                    (B)   One elected auditor shall serve a term of
28             four years.
29                    (C)   One elected auditor shall serve a term of
30             six years.

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 1                          (D)   The three elected auditors shall have all
 2                   the powers and perform all the duties as provided in
 3                   this part for elected auditors.
 4      (b)    Terms of office.--The terms of each officer elected
 5   under this section shall begin the first Monday of January next
 6   succeeding the individual's election.
 7                                      SUBCHAPTER B
 8                                   VACANCIES IN OFFICE
 9   Sec.
10   1711.    Vacancies.
11   § 1711.    Vacancies.
12      (a)    Filling.--
13             (1)   If a vacancy occurs in the office of township
14      commissioner, auditor, controller or tax collector for any of
15      the following, the board of commissioners shall fill the
16      vacancy within 30 days by appointing by resolution a
17      registered elector of the township, or of the ward for a ward
18      office, in which the vacancy occurs:
19                   (i)    Death.
20                   (ii)    Resignation.
21                   (iii)    Removal as provided under section 1904
22             (relating to removal of township officers and
23             appointees).
24                   (iv)    Termination of residency from the township, or
25             of the ward for a ward office.
26                   (v)    Failure to take the required oath, give required
27             bond or provide the affidavit required under section 1701
28             (relating to eligibility).
29                   (vi)    Or otherwise.
30             (2)   If a person other than an individual is appointed to

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 1      fill a vacancy in the office of tax collector under section
 2      1703(a)(2)(ii) (relating to elected officers), the person
 3      shall not be required to file the affidavit required under
 4      section 1701. An individual appointed as a tax collector
 5      under section 4.2 or 4.4 of the act of May 25, 1945
 6      (P.L.1050, No.394), known as the Local Tax Collection Law,
 7      shall not be required to file an affidavit required under
 8      section 1701.
 9      (a.1)   Resignations.--Except as provided under subsection
10   (b.2), the following shall apply:
11            (1)   A vacancy shall not be created by a resignation
12      until the date that the resignation is accepted by a majority
13      vote of a quorum of the board of commissioners at a public
14      meeting or the effective date of the tendered resignation,
15      whichever is later. The board of commissioners must accept a
16      resignation no later than 45 days after the resignation has
17      been tendered in writing to the board of commissioners,
18      unless the resignation is withdrawn in writing prior to
19      acceptance.
20            (2)   A resignation that is not accepted as provided under
21      paragraph (1) shall be deemed accepted after 45 days.
22      (a.2)   Deaths.--A vacancy shall not be created by death until
23   the next meeting of the board of commissioners.
24      (b)   Vacancy board.--
25            (1)   A vacancy board shall be convened to fill a vacancy
26      within 15 days if the board of commissioners of a township,
27      for any reason, fails to fill a vacancy after 30 days. The
28      board of commissioners may vote to convene the vacancy board
29      within 30 days of a vacancy if the board of commissioners is
30      unable, for any reason, to fill the vacancy and shall provide

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 1      a justification at a public meeting.
 2          (2)    The vacancy board shall consist of the board of
 3      commissioners and one registered elector of the township, who
 4      shall be appointed by the board of commissioners at the
 5      board's first meeting each calendar year or as soon
 6      thereafter as practical.
 7          (3)    The registered elector shall act as chairperson of
 8      the vacancy board and shall serve as the chairperson until
 9      the chairperson's successor is appointed. The chairperson of
10      the vacancy board may not vote for themselves to fill a
11      vacancy in any office.
12      (b.1)   Court of common pleas.--The vacancy board chairperson
13   shall, or in the case of a vacancy in the chairpersonship the
14   remaining members of the vacancy board shall, petition the court
15   of common pleas to fill the vacancy by appointing a registered
16   elector of the township or ward in which the vacancy occurs if
17   one of the following occur:
18          (1)    the vacancy board fails to fill the position within
19      15 days; or
20          (2)    the position of vacancy board chairperson is vacant
21      and the remaining members of the vacancy board provide
22      justification for the reason the vacancy board is not able to
23      fill the position sooner than 15 days and vote publicly to
24      disband.
25      (b.2)   Vacancy in majority of offices.--Notwithstanding any
26   other subsections in this section, if there are vacancies in a
27   majority of the offices of commissioners, the court of common
28   pleas shall fill the vacancies upon presentation of a petition
29   signed by the remaining commissioners or at least 15 registered
30   electors of the township. A resignation that precludes a

20250HB1836PN2259                   - 27 -
 1   majority of commissioners from accepting the resignation shall
 2   create a vacancy on the date specified in the tendered
 3   resignation or, if no date is specified, the second business day
 4   after the day the resignation is tendered, unless sooner
 5   withdrawn in writing.
 6      (b.3)     Term.--A registered elector appointed to fill a
 7   vacancy shall hold the office until the first Monday in January
 8   after the first municipal election occurring more than 60 days
 9   after the vacancy occurs. At the first municipal election
10   occurring more than 60 days after the vacancy occurs, an
11   eligible person shall be elected to the office for the remainder
12   of the term. The appointed registered elector must have been a
13   resident of the township or ward continuously for at least one
14   year immediately prior to the appointment.
15                                 CHAPTER 19
16              GENERAL PROVISIONS RELATING TO TOWNSHIP OFFICERS
17   Subchapter
18      A.   General Provisions
19      B.   State Association of Township Officers
20      C.   County Associations of Township Officers
21      D.   Civil Service for Police and Firefighters
22                                SUBCHAPTER A
23                             GENERAL PROVISIONS
24   Sec.
25   1901.   Oath.
26   1902.   Bonds.
27   1903.   Compensation.
28   1904.   Removal of township officers and appointees.
29   1905.   Annuities.
30   § 1901.    Oath.

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 1      Each person elected or appointed to a township office in a
 2   township shall, before entering upon the duties of office, take
 3   and subscribe an oath or affirmation of office under 53 Pa.C.S.
 4   § 1141 (relating to form of oaths of office), before a judge or
 5   magisterial district judge of the county or a notary public. A
 6   copy of the oath or affirmation shall be filed with the township
 7   secretary within 10 days of the taking of the oath.
 8   § 1902.    Bonds.
 9      (a)    Requirements.--Except as provided for in subsection (b),
10   if an officer or employee of a township is required by law or
11   action of the board of commissioners to give bond for the
12   faithful performance of the officer's or employee's duties, the
13   bond must be with a surety company or other company authorized
14   by law to act as surety. The township shall pay the premium on
15   the bond, except that the premium on the bond of the township
16   tax collector shall be paid by the respective taxing districts,
17   as provided under the act of May 25, 1945 (P.L.1050, No.394),
18   known as the Local Tax Collection Law.
19      (b)    Insurance.--If an officer or employee of a township,
20   except for a tax collector, is required to give a bond for the
21   faithful performance of the officer's or employee's duties, the
22   board of commissioners may purchase insurance in lieu of a bond
23   if the insurance covers the same events of loss and insures the
24   township against the same misconduct as the bond.
25   § 1903.    Compensation.
26      (a)    Elected officer.--An elected officer of a township,
27   except for a tax collector, shall receive a salary, compensation
28   or emoluments of office as fixed by ordinance of the township in
29   accordance with this part.
30      (a.1)    Treasurer.--Notwithstanding section 34 of the act of

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 1   May 25, 1945 (P.L.1050, No.394), known as the Local Tax
 2   Collection Law, a township treasurer who is the elected tax
 3   collector of the township may receive a salary, compensation or
 4   emoluments of office under subsection (a) for the township
 5   treasurer's work as the township treasurer.
 6      (b)    Tax collector.--A tax collector shall receive a salary,
 7   compensation or emoluments of office as fixed by ordinance of
 8   the township in accordance with the Local Tax Collection Law.
 9      (c)    Time.--A change in salary, compensation or emoluments of
10   office of an elected officer shall take effect at the beginning
11   of the next term of the elected officer.
12      (d)    Appointed officer and employee.--An appointed officer
13   and employee of the township shall receive compensation for
14   their services as determined by the board of commissioners.
15   § 1904.    Removal of township officers and appointees.
16      (a)    Removal of officer.--A township officer, elected or
17   appointed to fill a vacancy in elective office, shall be
18   removable from office only by:
19             (1)   impeachment;
20             (2)   the Governor for reasonable cause after due notice
21      and full hearing on the advice of two-thirds of the Senate;
22      or
23             (3)   on conviction of misbehavior in office or of an
24      infamous crime in accordance with the Constitution of
25      Pennsylvania.
26      (b)    Quo warranto.--Notwithstanding subsection (a), an
27   officer's title to office may be tried by proceedings of quo
28   warranto as provided by law.
29   § 1905.    Annuities.
30      (a)    Post-retirement compensation.--A township may provide,

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 1   by ordinance, an employee of at least 10 years of satisfactory
 2   service and who is at least 60 years of age upon termination of
 3   active employment with the township, a proportion of the
 4   compensation last paid to the employee, not in excess of 50% of
 5   the compensation.
 6      (b)    Pension plan.--An arrangement to provide postretirement
 7   compensation to a retired appointee and employee under this
 8   section shall be a pension plan within the meaning of the term
 9   under the act of December 18, 1984 (P.L.1005, No.205), known as
10   the Municipal Pension Plan Funding Standard and Recovery Act,
11   and the township establishing the plan shall provide funding of
12   the pension plan in an amount sufficient to meet the minimum
13   obligation of the municipality with respect to the pension plan
14   under the Municipal Pension Plan Funding Standard and Recovery
15   Act.
16      (c)    Pension system or municipal retirement system.--Nothing
17   in this section shall be construed to preclude an employee of
18   the township from joining a pension system or municipal
19   retirement system that the township may establish or adopt.
20      (d)    Prohibition.--Beginning on December 28, 2020, a township
21   may not provide for an annuity in lieu of employees joining a
22   pension or retirement system. Nothing in this subsection shall
23   be construed to affect the rights of a current or retired
24   employee or appointee of a township entitled to payments granted
25   in accordance with an annuity entered into prior to December 28,
26   2020.
27                               SUBCHAPTER B
28                  STATE ASSOCIATION OF TOWNSHIP OFFICERS
29   Sec.
30   1911.    State association of township commissioners.

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 1   1912.    State association annual meetings and educational
 2                conferences.
 3   1913.    State association expenses.
 4   § 1911.    State association of township commissioners.
 5      (a)    Authorization.--A State association of township
 6   commissioners may be formed.
 7      (b)    Meetings.--The association shall hold annual meetings
 8   and educational conferences at a designated time and place
 9   within this Commonwealth for the purpose of addressing the
10   interests of the townships. The expenses of the annual meetings
11   and educational conferences may be paid, in full or in part, by
12   the townships joining the association.
13      (c)    Bylaws.--The association, at its annual meeting and
14   educational conference, by majority vote of each of the voting
15   delegates attending, may adopt and amend bylaws to govern the
16   association. The bylaws shall govern the qualifications of
17   delegates, election of officers, the delegates and officers
18   designation, qualifications and duties, payment of dues and
19   organizational details. The association shall function under the
20   bylaws for advancing the interest of and betterment of township
21   government in townships of the first class.
22      (d)    Dues.--The dues adopted in the bylaws shall be paid by
23   each township upon becoming a member of the association and
24   shall be used for association purposes and activities authorized
25   or ratified by the association or incurred on behalf of the
26   association by its officers and executive committee.
27   § 1912.    State association annual meetings and educational
28                conference.
29      (a)    Annual meeting and educational conference.--A township
30   commissioner may attend each annual meeting and educational

20250HB1836PN2259                   - 32 -
 1   conference of the State association of township commissioners.
 2   The board of commissioners shall, by motion, designate at least
 3   one township officer as a delegate to each annual meeting and
 4   educational conference. The delegate shall be a township
 5   commissioner or other township officer. The board of
 6   commissioners may, by motion, designate no more than two
 7   township officers, other than the township commissioners or the
 8   delegate, to attend each annual meeting and educational
 9   conference as nondelegates and authorize township employees to
10   attend each annual meeting and educational conference.
11         (b)   Conferences or educational training.--In addition to
12   each annual meeting and educational conference under subsection
13   (a), the board of commissioners may authorize township officers
14   and employees of the township to attend other conferences or
15   educational training of the association.
16   § 1913.      State association expenses.
17         (a)   Payment.--The board of commissioners shall, for each
18   delegate and other officer or employee attending the annual
19   meeting or other conference or educational training of the State
20   association of township commissioners, pay expenses upon receipt
21   of an itemized account of expenses. Expenses shall be limited
22   to:
23               (1)   The registration fee.
24               (2)   Mileage for use of personal vehicle or reimbursement
25         of actual transportation expense going to and returning from
26         the meeting, conference or educational training.
27               (3)   Actual expenses that the board of commissioners may
28         have agreed to pay.
29         (b)   Regular employee rate.--The board of commissioners may
30   authorize township employees to be compensated at their regular

20250HB1836PN2259                       - 33 -
 1   employee rate during the employee's attendance at the annual
 2   meeting or other conference or educational training. The board
 3   of commissioners may authorize a commissioner to receive total
 4   or partial reimbursement for lost wages or salary while
 5   attending the annual meeting or other conference or educational
 6   training if sufficient documentation is presented to the board
 7   of commissioners to justify the reimbursement. The maximum time
 8   for which a delegate, township employee or commissioner shall be
 9   reimbursed for lost wages or salary while attending the annual
10   meeting or other conference or educational training may not be
11   more than four days, including the time spent traveling to and
12   from the event.
13                               SUBCHAPTER C
14                 COUNTY ASSOCIATIONS OF TOWNSHIP OFFICERS
15   Sec.
16   1921.    County associations.
17   1922.    Membership of associations and expenses of members.
18   1923.    Officers of associations and ex officio membership.
19   § 1921.   County associations.
20      A county association of township officers may be formed in
21   the respective counties, or the township officers of at least
22   two counties may form a joint county or regional association.
23   The association shall hold annual, semiannual or quarterly
24   conferences or educational training at the county seats of the
25   respective counties or some other suitable place within this
26   Commonwealth for the purpose of advancing the interests of the
27   townships in the association and the inhabitants of the
28   townships.
29   § 1922.   Membership of associations and expenses of members.
30      (a)    Attendance.--The board of commissioners, newly elected

20250HB1836PN2259                     - 34 -
 1   township commissioners prior to officially taking office and
 2   other township officers designated by the board shall attend the
 3   conferences or educational training if possible. A township
 4   officer attending a conference or educational training shall
 5   receive a certificate, signed by the presiding officer and
 6   sec

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