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                                                      PRINTER'S NO. 3233

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2374 Session of 1990


        INTRODUCED BY ANGSTADT, DeLUCA, BOYES, PETRONE, FARGO, NAILOR,
           DISTLER, NOYE, GIGLIOTTI, MELIO, BELARDI, CESSAR, LEH, TELEK,
           SAURMAN, BUNT, GODSHALL, BILLOW, TRELLO, ALLEN AND SEMMEL,
           MARCH 26, 1990

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 26, 1990

                                     AN ACT

     1  Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
     2     entitled "An act concerning boroughs, and revising, amending
     3     and consolidating the law relating to boroughs," providing
     4     for residence requirements for councilmen.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Section 806 of the act of February 1, 1966 (1965
     8  P.L.1656, No.581), known as The Borough Code, amended March 30,
     9  1988 (P.L.309, No.40), is amended to read:
    10     Section 806.  Officers to be Elected.--It shall be lawful for
    11  the electors of the borough to elect:
    12     (1)  In boroughs not divided into wards, seven councilmen,
    13  one mayor, one assessor, except in those boroughs where, under
    14  the applicable county assessment law, the office of elected
    15  assessor in boroughs shall have been abolished; a tax collector
    16  and three auditors or one controller except in such boroughs
    17  where there shall be an appointed auditor in lieu of elected
    18  auditors or controller. In any borough with population, as

     1  determined by the latest official census, of less than three
     2  thousand, the total number of councilmen may be reduced from
     3  seven to five or to three upon petition to the court of common
     4  pleas, as provided in section 818 of this act.
     5     (2)  In boroughs divided into wards, at least one, and not
     6  more than two councilmen in each ward, except in boroughs where
     7  prior to the passage of this act three councilmen were elected
     8  in each ward. In such boroughs, the number of councilmen is
     9  fixed at three in each ward until such number is reduced in the
    10  manner provided by this act. Councilmen shall be residents of
    11  the ward from which they are elected, as provided in section
    12  811.1, and chosen by the electors of the ward; also a mayor, a
    13  tax collector and three auditors or a controller, except in such
    14  boroughs where there shall be an appointed auditor in lieu of
    15  elected auditors or controller, and an assessor, except in those
    16  boroughs where, under the applicable county assessment law, the
    17  office of elected assessor shall have been abolished who shall
    18  be chosen by the electors of the boroughs at large.
    19     Section 2.  The act is amended by adding a section to read:
    20     Section 811.1.  Residence Requirements for Councilmen.--In
    21  cases where councilmen are elected by ward, councilmen shall
    22  reside in the ward from which elected and shall have resided in
    23  that ward continuously for at least one year before their
    24  election. In cases where councilmen are elected at large,
    25  councilmen shall reside in the borough from which elected and
    26  shall have resided in the borough continuously for at least one
    27  year before their election.
    28     Section 3.  This act shall take effect in 60 days.


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