Pennsylvania SB 851: An Act amending the act of July 7, 1947 (P.L.1368, No.542), known as the Real Estate Tax Sale Law, in short title and definitions, further providing for definitions; and, in sale of property, further providing for repurchase by owner and providing for limitation on trusteeship and for ownership interests and responsibilities of delinquent property owner.

Bill Text

PRIOR PASSAGE - NONE
PRINTER'S NO. 950
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 851
Session of
2025
INTRODUCED BY BROOKS AND MASTRIANO, JUNE 18, 2025
REFERRED TO STATE GOVERNMENT, JUNE 18, 2025
A JOINT RESOLUTION
Proposing integrated amendments to the Constitution of the
Commonwealth of Pennsylvania, further providing for election
of justices, judges and justices of the peace and vacancies
and for tenure of justices, judges and justices of the peace.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following integrated amendments to the
Constitution of Pennsylvania are proposed in accordance with
Article XI:
(1) That section 13 of Article V be amended to read:
§ 13. Election of justices, judges and justices of the peace;
vacancies.
(a) Justices, judges and justices of the peace shall be
elected at the municipal election next preceding the
commencement of their respective terms of office by the electors
of the Commonwealth or the respective districts in which they
are to serve.
(b) A vacancy in the office of justice, judge or justice of
the peace shall be filled by appointment by the Governor. The
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appointment shall be with the advice and consent of two-thirds
of the members elected to the Senate, except in the case of
justices of the peace which shall be by a majority. The person
so appointed shall serve for a term ending on the first Monday
of January following the next municipal election more than ten
months after the vacancy occurs or for the remainder of the
unexpired term whichever is less, except in the case of persons
selected as additional judges to the Superior Court, where the
General Assembly may stagger and fix the length of the initial
terms of such additional judges by reference to any of the
first, second and third municipal elections more than ten months
after the additional judges are selected. The manner by which
any additional judges are selected shall be provided by this
section for the filling of vacancies in judicial offices.
(c) The provisions of section 13(b) shall not apply either
in the case of a vacancy to be filled by retention election as
provided in section 15(b), or in the case of a vacancy created
by failure of a [justice or] judge to file a declaration for
retention election as provided in section 15(b). In the case of
a vacancy occurring at the expiration of an appointive term
under section 13(b), the vacancy shall be filled by election as
provided in section 13(a).
(d) At the primary election in 1969, the electors of the
Commonwealth may elect to have the justices and judges of the
Supreme, Superior, Commonwealth and all other statewide courts
appointed by the Governor from a list of persons qualified for
the offices submitted to him by the Judicial Qualifications
Commission. If a majority vote of those voting on the question
is in favor of this method of appointment, then whenever any
vacancy occurs thereafter for any reason in such court, the
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Governor shall fill the vacancy by appointment in the manner
prescribed in this subsection. Such appointment shall not
require the consent of the Senate.
(e) Each justice or judge appointed by the Governor under
section 13(d) shall hold office for an initial term ending the
first Monday of January following the next municipal election
more than 24 months following the appointment.
(2) That section 15 of Article V be amended to read:
§ 15. Tenure of justices, judges and justices of the peace.
(a) The regular term of office of justices [and judges]
shall be [ten] four years [and the]. The regular term of office
for judges shall be ten years and the regular term of office for
judges of the municipal court in the City of Philadelphia and of
justices of the peace shall be six years. The tenure of any
justice or judge shall not be affected by changes in judicial
districts or by reduction in the number of judges.
Notwithstanding any other provision of law, no justice of the
Supreme Court may be eligible for retention under subsection
(b).
(b) A [justice or] judge elected under section 13(a),
appointed under section 13(d) or retained under this section
15(b) may file a declaration of candidacy for retention election
with the officer of the Commonwealth who under law shall have
supervision over elections on or before the first Monday of
January of the year preceding the year in which his term of
office expires. If no declaration is filed, a vacancy shall
exist upon the expiration of the term of office of such [justice
or] judge, to be filled by election under section 13(a) or by
appointment under section 13(d) if applicable. If a [justice or]
judge files a declaration, his name shall be submitted to the
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electors without part