§ 5511.4e. Criminal history record information
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: January 1, 2017
Effective: January 1, 2017
72 P.S. § 5511.4e
§ 5511.4e. Criminal history record information
(a) An individual filing a nomination petition or papers for the office of tax collector to the county board of elections under the act of June 3, 1937 (P.L. 1333, No. 320),1 known as the “Pennsylvania Election Code,” shall include the following information obtained within one year prior to filing the petition or papers:
(1) In accordance with 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police. The dissemination of criminal history record information to an individual filing a nomination petition or papers for the office of tax collector shall be governed by 18 Pa.C.S. § 9121(b)(2) (relating to general regulations).
(2) If an individual filing a nomination petition or papers who for the two years immediately preceding the filing of the petition or papers has not been a resident of this Commonwealth, the individual shall submit a report of Federal criminal history record information obtained pursuant to 28 CFR Pt. 16, Subpt. C2 (relating to production of FBI identification records in response to written requests by subjects thereof).
(3) An individual who is elected to the office of tax collector for the term of office beginning January 1, 2016, shall submit the information required under paragraph (1) or (2) to the municipality for which the tax collector was elected before the individual is scheduled to take the oath of office as prescribed by law. If the tax collector does not submit the required information before the date the individual is scheduled to take the oath, the office of tax collector shall be deemed vacant.
(a.1) An individual whose name did not appear on the ballot but has received sufficient votes under section 1405 of the “Pennsylvania Election Code”3 to be issued a certificate of election by the county board of elections as the successful candidate for the office of tax collector shall, within thirty days of the certification, provide to the county board of elections the following information obtained within one year prior to certification by the county board of elections:
(1) In accordance with 18 Pa.C.S. Ch. 91, a report of criminal history record information from the Pennsylvania State Police. The dissemination of criminal history record information to an individual certified by the county board of elections for the office of tax collector shall be governed by 18 Pa.C.S. § 9121(b)(2).
(2) If an individual who for the two years immediately preceding certification by the county board of elections for the office of tax collector has not been a resident of this Commonwealth, the individual shall submit a report of Federal criminal history record information obtained pursuant to 28 CFR Pt. 16, Subpt. C.
(2) If an individual is appointed to the office of tax collector who for the two years immediately preceding the appointment has not been a resident of this Commonwealth, the individual shall submit a report of Federal criminal history record information obtained pursuant to 28 CFR Pt. 16, Subpt. C.
(a.3) An individual appointed to collect taxes under an agreement provided by sections 4.2 and 4.44 shall not be subject to the criminal history requirements of this section.
(b)(1) The criminal history record information received by the county board of elections under (a) or (a.1) shall be considered a part of the nomination petition or papers in accordance with section 308 of the “Pennsylvania Election Code.”5 A Social Security number or other personal identification information under section 708(b)(6)(i) of the act of February 14, 2008 (P.L. 6, No. 3),6 known as the “Right-to-Know Law,” shall be redacted from the criminal history record information prior to being released pursuant to a request under the “Right-to-Know Law.”
(2) The criminal history record information received by a taxing district under subsection (a.2) shall be subject to the “Right-to-Know Law.” A Social Security number or other personal identification information under section 708(b)(6)(i) of the “Right-to-Know Law” shall be redacted from the criminal history record information prior to being released pursuant to a request under the “Right-to-Know Law.”
(f) An objection to the nomination petition based on the conditions outlined in subsection (e) may be filed in accordance with section 977 of the “Pennsylvania Election Code.”9
(h) As used in this section, the term “tax collector” shall have the same meaning as in section 4.6.10
Credits
1945, May 25, P.L. 1050, No. 394, § 4.5, added 2014, Oct. 22, P.L. 2604, No. 164, § 2, effective in one year [Oct. 22, 2015]. Amended 2015, Oct. 22, P.L. 188, No. 48, § 2, effective Jan. 1, 2017.
Footnotes
25 P.S. § 2600 et seq.
28 C.F.R. § 16.30 et seq.
25 P.S. § 3155.
72 P.S. §§ 5511.4b, 5511.4d.
25 P.S. § 2648.
65 P.S. § 67.708.
18 Pa.C.S.A. § 4501 et seq.
18 Pa.C.S.A. § 7611 et seq.
25 P.S. § 2937.
72 P.S. § 5511.4f.
72 P.S. § 5511.4e, PA ST 72 P.S. § 5511.4e
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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