1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, further providing for initiative of
3electors seeking consolidation or merger with new home rule
4charter.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

<-7Section 1. Section 735.1(e)(3) and (g)(1) of Title 53 of the
8Pennsylvania Consolidated Statutes are amended to read:

<-9Section 1. Section 735.1(e)(3), (g)(1) and (l)(6) and (7) of
10Title 53 of the Pennsylvania Consolidated Statutes are amended
11and the section is amended by adding a paragraph to read:

12§ 735.1. Initiative of electors seeking consolidation or merger
13with new home rule charter.

14* * *

15(e) Election of members of commission.--

16* * *

17(3) Each elector shall be instructed to vote on the
18question and, regardless of the manner of his vote on the
19question, to vote for the designated number of members of the

1commission who shall serve if the question is or has been
2determined in the affirmative by the majority of the whole of 
3those voting in all the municipalities impacted by the 
4consolidation or merger.

5* * *

6(g) Results of election.--

7(1) The result of the votes cast for and against the
8question as to the election of a commission and consolidation
9and merger proceedings shall be returned by the election
10officers, and a canvass of the election had, as is provided
11by law in the case of other public questions put to the
12electors. The votes cast for members of the commission shall
13be counted and the result returned by the county board of
14electors of the county in which the municipality, or the
15greater portion of its territory, is located, and a canvass
16of the election had, as is provided by law in the case of
17election of members of municipal councils or boards. If a 
18majority of the whole in the municipalities proposed to be 
19consolidated or merged vote in the affirmative on the 
20question, then the commission shall be formed to study the 
21issue of consolidation or merger and to make recommendations 
22as set forth in the question. The designated number of
23candidates receiving the greatest number of votes shall be
24elected and shall constitute the commission. If a majority of
25[those] the whole in the municipalities voting on the
26question vote against the election of the commission, none of
27the candidates shall be elected. If two or more candidates
28for the last seat shall be equal in number of votes, they
29shall draw lots to determine which one shall be elected.

30* * *

<-1(l) Compensation, personnel and commission budget.--

2* * *

3(6) No later than 15 days after the submission of a
4budget in accordance with paragraphs (4) or (5), a joint
5public hearing of the commission and the governing bodies of
6the municipalities shall be held. The governing bodies of the
7municipalities to be consolidated or merged may, by
8agreement, modify any budget submitted by the commission. A
9governing body of a municipality to be consolidated or merged
10may approve appropriations to the commission in conformity
11with its share of the modified budget as determined in
12accordance with paragraph (7) or (7.1). Any unreasonable
13modification of the budget may be subject to an action as
14provided in paragraph (8) in the court of common pleas of any
15county wherein a municipality to be consolidated or merged
16lies.

17(7) [The] If a majority in each of the municipalities to 
18be consolidated or merged vote in favor of establishing a 
19commission, the municipalities [to be consolidated or merged]
20may, by agreement, determine the share that each municipality
21shall appropriate to fund the estimated budget of the
22commission. If no agreement as to the respective amount that
23each municipality shall appropriate is reached, each
24municipality shall appropriate funds equal to its pro rata
25share of the total estimated budget of the commission based
26upon its share of population to the total population of the
27municipalities to be consolidated or merged.

28(7.1) When a commission is formed to study consolidation 
29or merger by a vote of the whole in the municipalities 
30considering the question, the municipalities that vote in the
 

1affirmative shall be responsible for funding the budget of 
2the commission. Any municipalities that vote in the negative 
3on the question shall not be responsible for the budget costs 
4of the commission.

5* * *

6Section 2. This act shall take effect in 60 days.