PRINTER'S NO. 809
No. 752 Session of 1971
INTRODUCED BY MAHADY, REIBMAN, W. E. FLEMING, FRAME AND MURPHY, MAY 25, 1971
REFERRED TO LOCAL GOVERNMENT, MAY 25, 1971
AN ACT 1 Relating to home rule charters for municipalities. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 ARTICLE I 5 SHORT TITLE AND DEFINITIONS 6 Section 101. Short Title.--This act shall be known and may 7 be cited as the "Municipal Home Rule Charter Act." 8 Section 102. Definitions.--As used in this act: 9 (1) "Home rule" means that relationship between a 10 municipality and the Commonwealth, wherein the municipality 11 shall enjoy the fullest authority to determine the form, 12 organization, procedures and process of its government, subject 13 only to limitations imposed by the Constitution, by general law 14 or by its charter. 15 (2) "Home rule charter" means a written document, adopted by 16 the people through referendum, constituting the inhabitants of 17 the municipality a body politic and corporate, defining the
1 powers, class of municipality and the structure, privileges, 2 rights and duties of the municipal government and limitations 3 thereon. The charter shall also provide for the composition and 4 election of the governing body as established therein and not 5 limited to the definition in clause (4) of this section, which 6 in all cases shall be chosen by popular election. 7 (3) "Municipality" means a county, city, borough, 8 incorporated town or township. 9 (4) "Governing body" means a board of county commissioners, 10 city council and mayor, borough or incorporated town council and 11 mayor, commissioners of a township of the first class, and 12 supervisors of a township of the second class, as defined in 13 existing law. 14 (5) "Electors" means the registered voters of a 15 municipality. 16 (6) "Home Rule Charter Commission" means the body composed 17 of electors of the municipality elected under the provisions of 18 this act. 19 (7) "Election officials" means the county boards of 20 elections, except in Philadelphia, where "election officials" 21 shall be the city board of elections. 22 ARTICLE II 23 MUNICIPAL REFERENDUM ORDINANCE 24 Section 201. Referendum Ordinance.--The governing body of a 25 municipality may, by ordinance, provide for a referendum on the 26 question of framing of a home rule charter. 27 Section 202. Filing of Referendum Ordinance.--(a) The 28 referendum ordinance shall be filed with the election officials 29 at least ninety days prior to the next primary or general 30 election. 19710S0752B0809 - 2 -
1 (b) When the ordinance is filed with the election officials, 2 copies of the referendum ordinance shall be immediately filed 3 with the Secretary of Community Affairs. 4 Section 203. Notice to Governing Body of Referendum Date.-- 5 The election officials shall notify the governing body of the 6 municipality of the date set for the referendum election on the 7 proposal at least thirty days before the election. 8 ARTICLE III 9 INITIATIVE 10 Section 301. Proposal by Electors.--A referendum on the 11 question of framing of a home rule charter may be initiated by 12 electors of the municipality. 13 Section 302. Initiative Petition; Filing.--A petition 14 containing a proposal for referendum on the question of framing 15 a home rule charter signed by electors comprising five per cent 16 of the number of electors voting for the office of Governor in 17 the last gubernatorial general election may be filed with the 18 election officials at least ninety days prior to the next 19 primary or general election. 20 The name and address of the person filing the petition shall 21 be clearly stated on the petition. 22 Section 303. Review of Initiative Petition.--The election 23 officials shall, within ten days after filing, review the 24 initiative petition as to the number and qualification of 25 signers. If the petition appears to be defective, the election 26 officials shall immediately notify the person filing the 27 petition of the defect. 28 Section 304. Petition as Public Record.--The initiative 29 petition as submitted to the election officials along with the 30 list of signatories shall be open to public inspection in the 19710S0752B0809 - 3 -
1 office of the election officials. 2 Section 305. Distribution of Petition.--When the election 3 officials find that the petition as submitted is in proper 4 order, they shall send copies of the initiative petition without 5 the signatures thereon to the governing body of the municipality 6 and to the Secretary of Community Affairs. 7 ARTICLE IV 8 REFERENDUM 9 Section 401. Referendum; Procedure.--(a) A referendum on the 10 question of the framing of a home rule charter shall be held 11 when authorized by ordinance of the governing body of a 12 municipality in accordance with Article II of this act, or when 13 initiated by electors of the municipality in accordance with 14 Article III of this act. 15 (b) The procedure for the referendum shall be governed by 16 the act of June 3, 1937 (P.L.1333), known as the "Pennsylvania 17 Election Code." 18 Section 402. Placing Question on Ballot.--When the election 19 officials find that the ordinance authorized by the governing 20 body of the municipality, or the initative petition as submitted 21 by the electors meets the requirements of this act, they shall 22 place the proposal on the ballot in a manner fairly representing 23 the content of the ordinance or of the initiative petition for 24 decision by referendum at the proper election. 25 Section 403. Date of Election.--The election officials shall 26 certify the date for the referendum, and shall so notify the 27 governing body of the municipality at least thirty days prior to 28 such date. 29 Section 404. Public Notice of Referendum.--At least thirty 30 days' notice of the referendum shall be given by proclamation of 19710S0752B0809 - 4 -
1 the mayor of the city, borough, or incorporated town, or of the 2 chairman of the board of county commissioners, the president of 3 the board of township commissioners, or of the chairman of the 4 board of township supervisors, as the case may be. A copy of 5 such proclamation shall be posted at each polling place of the 6 municipality on the day of the election, and shall be published 7 once in at least one newspaper of general circulation in the 8 municipality during the thirty-day period prior to the election. 9 Section 405. Limits of Referenda.--(a) A referendum on the 10 question of framing or repeal of a home rule charter shall not 11 be submitted to the electors more often than once in five years. 12 (b) When an initiative petition or referendum ordinance is 13 filed, the election officials shall ascertain that the question 14 has not been submitted to the electors within a period of five 15 years before the next primary or general election. The five-year 16 period shall not be computed by exact dates but by years 17 elapsing between primary or general elections. If it is found 18 that such an initiative or ordinance was so submitted, they 19 shall notify the person who filed the petition or the governing 20 body, and refuse to place the question on the ballot. 21 Section 406. Results of Election.--The election officials 22 shall certify the result of the referendum to the governing 23 body. 24 ARTICLE V 25 ELECTION OF HOME RULE CHARTER COMMISSION 26 Section 501. Election of Commission.--(a) If a referendum 27 for the framing of a home rule charter is approved by a majority 28 of votes of the electors voting thereon, the governing body 29 shall within thirty days of certification of the result of the 30 referendum election submit to the election officials a petition 19710S0752B0809 - 5 -
1 to provide for the election of a Home Rule Charter Commission. 2 (b) The petition shall designate the number of members, not 3 less than five, or more than fifteen, to be elected on the Home 4 Rule Charter Commission. 5 (c) The election shall be held at the next primary or 6 general election not less than ninety days from the date of the 7 referendum. 8 Section 502. Nomination of Candidates.--Candidates for 9 membership on the Home Rule Charter Commission shall be electors 10 of the municipality. Each shall be nominated by nomination 11 papers signed by one thousand registered electors of the 12 municipality or by a number of electors equal to at least two 13 per cent of the largest vote cast for any elected officer of the 14 municipality elected at the last preceding municipal election, 15 whichever is lesser. Their nomination shall be in the manner 16 provided by and subject to the provisions of the act of June 3, 17 1937 (P.L.1333), known as the "Pennsylvania Election Code," 18 which relate to the nomination of candidates nominated by 19 nomination papers filed by political bodies for other offices 20 elected by the voters of the municipality, except that 21 candidates shall be nominated and listed without political 22 designation or slogan. Nomination papers shall not be circulated 23 prior to thirty days before the last day on which such papers 24 shall be filed, and shall be filed with the election officials 25 not less than forty-four days prior to the date of the election. 26 Section 503. Election Returns.--The result of the votes cast 27 for members of the Home Rule Charter Commission shall be 28 returned by the election officials to the governing body and to 29 the Secretary of Community Affairs. 30 Section 504. Membership of Commission.--The candidates 19710S0752B0809 - 6 -
1 receiving the greatest number of votes shall be elected, and 2 shall constitute the Home Rule Charter Commission. 3 If two or more candidates shall be equal and greatest in 4 number of votes, they shall draw lots to determine which one 5 shall be elected. 6 ARTICLE VI 7 ORGANIZATION AND DUTIES OF HOME RULE 8 CHARTER COMMISSION 9 Section 601. Organization of Commission.--No later than 10 fifteen days after the certification of election of a majority 11 of the members, the Home Rule Charter Commission shall organize 12 and hold its first meeting. It shall elect one of its members as 13 chairman, and another one as secretary. It shall adopt such 14 rules for the conduct of its business as it may deem advisable. 15 A majority of the members of the Home Rule Charter Commission 16 shall constitute a quorum for the transaction of business; but, 17 no recommendation of said commission shall have any legal effect 18 unless adopted by a majority of the total number of members of 19 the commission. 20 A vacancy in the Home Rule Charter Commission shall be filled 21 by an elector appointed by the remaining members of the 22 commission. 23 From all appropriations made to it by the governing body of 24 the municipality and privately contributed funds and services 25 made available to it, the Home Rule Charter Commission may 26 appoint consulting, clerical and other assistants to serve at 27 its pleasure, and may fix a reasonable compensation for such 28 services. 29 Prior to discharge, the Home Rule Charter Commission shall 30 file an account signed by all members under oath with the 19710S0752B0809 - 7 -
1 prothonotary of the county covering the period of commission 2 services showing (i) sources and amounts of appropriations and 3 contributions from all sources, including services rendered and 4 (ii) all expenses. 5 The members of the Home Rule Charter Commission shall serve 6 without compensation, but may be reimbursed by the municipality 7 for their necessary expenses incurred in the performance of 8 their duties and as allocated by the governing body. 9 All necessary or proper expenses of the Home Rule Charter 10 Commission shall be paid by the municipality. 11 Section 602. Duties.--It shall be the duty of the Home Rule 12 Charter Commission (i) to study the government of the 13 municipality, (ii) to compare it with the government of other 14 municipalities, including other forms of government, and (iii) 15 to draw up a proposed home rule charter within one year from the 16 date of its election. 17 Section 603. Public Hearings.--The Charter Commission shall 18 hold one or more public hearings, may sponsor public forums, and 19 generally shall provide for the widest possible public 20 information and discussion respecting the purposes and progress 21 of its work. 22 Section 604. Proposed Charter.--The Home Rule Charter 23 Commission shall publish or cause to be published sufficient 24 copies of the proposed home rule charter for public study and 25 information, and shall deliver to the governing body of the 26 municipality sufficient copies of the proposed home rule charter 27 to supply it to any interested citizen or body of citizens upon 28 request. It shall also file copies of the proposed home rule 29 charter with the Secretary of Community Affairs. 30 Section 605. Submission of Charter to Electors.--The Home 19710S0752B0809 - 8 -
1 Rule Charter Commission shall certify to the election officials 2 the question of adopting the proposed home rule charter that 3 shall be submitted to the electorate of the municipality at the 4 next primary or general election. The Home Rule Charter 5 Commission shall frame the question to be placed on the ballot, 6 and, if it deems proper, an interpretative statement to 7 accompany such question. 8 Section 606. Discharge of Commission.--The Home Rule Charter 9 Commission shall be discharged by the governing body of the 10 municipality upon the filing of the proposed home rule charter 11 question with the election officials. 12 ARTICLE VII 13 ADOPTION, AMENDMENT AND REPEAL OF <-- 14 A HOME RULE CHARTER 15 Section 701. Effective Date of Charter.--Whenever the 16 electors of any municipality, by a majority vote of those voting 17 on the question, vote in favor of adopting the proposed home 18 rule charter at any election held for that purpose, such 19 municipality shall be governed under the provisions of the 20 adopted home rule charter from the first Monday of January 21 following the next succeeding municipal election held at least 22 ninety days after the election at which the home rule charter 23 was adopted. 24 Section 702. Election of Municipal Officials.--The elective 25 officials of the municipality required by the adopted home rule 26 charter shall be elected at the first municipal election held at 27 least ninety days after the referendum election at which the 28 home rule charter was adopted. 29 Section 703. Terms of Incumbent Officials.--All elective 30 officials of the municipality in office at the time of the 19710S0752B0809 - 9 -
1 adoption of a home rule charter shall continue in office until 2 the home rule charter shall go into effect. 3 Section 704. Amendment of a Charter.--(a) Amendment of a 4 home rule charter shall be by referendum. A proposal to amend 5 shall be submitted to the electorate in accordance with 6 provision for a referendum for the framing of a home rule 7 charter contained in Articles II or III and in Article IV of 8 this act, except for section 405. 9 (b) A referendum on the question of amendment of a home rule 10 charter shall not be submitted to the electorate more often than 11 once in one year. 12 (c) The effective date of amendment shall be as provided in 13 section 701 of this act for the effective date of a home rule 14 charter if it affects a term of office, otherwise on the 15 effective date stated therein. 16 Section 705. Minimum Duration of Charter.--The electors of 17 any municipality which have adopted a home rule charter under 18 the provisions of this act shall not vote on the repeal of a 19 home rule charter or adoption of another form of government for 20 five years after the adopted home rule charter has taken effect. 21 Section 706. Repeal of a Charter.--The procedure for a 22 referendum on the question of repealing a home rule charter 23 shall be as provided in Articles II or III and in Article IV of 24 this act. The ordinance or initiative petition shall set forth 25 the form of government the municipality shall be governed under 26 in the event the home rule charter shall be repealed. 27 Section 707. Form of Government after Repeal.--Whenever the 28 electors of any municipality, by a majority vote of those voting 29 on the question, vote in favor of repeal of a home rule charter 30 and the establishment of a particular form of government, such 19710S0752B0809 - 10 -
1 municipality shall be governed under the form of government 2 selected by the electors, from the first Monday of January 3 following the municipal election at which the elective officials 4 of the form of government selected by the electors shall have 5 been elected. 6 Section 708. Election of Officials after Repeal.--The 7 elective officials of the municipality establishing a form of 8 government selected by the electors shall be elected at the 9 first municipal election held after the referendum on the repeal 10 of a home rule charter and the establishment of a particular 11 form of government. 12 ARTICLE VIII 13 HOME RULE CHARTER POWERS 14 AND LIMITATIONS 15 Section 801. Municipal Powers.--A municipality which has 16 adopted a home rule charter may exercise any power and perform 17 any function not denied by the Constitution of Pennsylvania, by 18 its home rule charter or by the General Assembly at any time. 19 All grants of municipal power to municipalities governed by a 20 home rule charter under this act, whether in the form of 21 specific enumeration or general terms, shall be liberally 22 construed in favor of the municipality. 23 Section 802. Powers of a County Adopting a Home Rule 24 Charter.--No county which has adopted a home rule charter shall 25 at any time thereafter exercise within any municipality in the 26 county, a power or function being exercised by that municipality 27 on the date of the adoption of the county home rule charter or 28 which may be subsequently included in a local municipality 29 adopting a home rule charter, except under all of the following 30 conditions: 19710S0752B0809 - 11 -
1 (1) The exercise of such power or function by the county 2 shall be authorized by ordinance of the governing body of the 3 county, which ordinance in addition to such other filings as may 4 be required by law, shall, within thirty days of its enactment, 5 be filed with the clerk or secretary of each municipality within 6 the county. 7 (2) The transfer of a power or function to the county from 8 any municipality within the county, as authorized by such 9 ordinance, shall not become effective for at least one year from 10 the date of adoption of such ordinance. 11 (3) Within ninety days from the adoption of such ordinance, 12 the governing body of any municipality, exercising on the date 13 of the adoption of the county home rule charter any power or 14 function authorized by ordinance of the county to be exercised 15 by the county, may elect by ordinance to be excluded from the 16 county exercise of such power or function. Within sixty days 17 after the date of adoption by the governing body of a 18 municipality of an ordinance excluding such municipality from 19 the exercise by the county of a power or function, the qualified 20 voters of such municipality may initiate a petition requiring 21 that the question of exclusion from the exercise of such power 22 or function by the county be submitted to a referendum of the 23 qualified voters of the municipality at a special election to be 24 held on the date of the next ensuing primary, municipal or 25 general election not less than sixty days after the filing of 26 the initiative petition with the county board of elections. The 27 initiative and referendum procedures set forth in Articles III 28 and IV shall be followed, except where the same may be 29 inconsistent with any of the provisions of this section. 30 (4) No tax or fee levied by the governing body of a county 19710S0752B0809 - 12 -
1 in support of the exercise of a power or function as authorized 2 by ordinance of the county, shall be applicable in any 3 municipality within the county which, as provided in clause (3) 4 of section 802, has determined to be excluded from the exercise 5 of such power or function by the county. 6 (5) If the electors of a municipality by referendum, as 7 provided in clause (3) of section 802, vote to exclude the 8 municipality from the exercise of a power or function by the 9 county, a petition may not be initiated nor may a referendum be 10 held on the same question more often than every two years 11 thereafter. 12 (6) The manner in which a municipality may withdraw from a 13 power or function provided in the home rule charter adopted by a 14 county shall be determined in the ordinance adopted by the 15 county or set forth in the county home rule charter. 16 Section 803. Limits on Powers.--(a) The home rule charter 17 adopted in accordance with the provisions of this act shall not 18 give any power or authority to the municipality contrary to, or 19 in limitation or enlargement of powers granted by acts of the 20 General Assembly which are applicable to a class or classes of 21 municipalities on the following subjects: 22 (1) The filing and collection of municipal and tax claims or 23 liens and the sale of real or personal property in satisfaction 24 thereof. 25 (2) The procedures in the exercise of the power of eminent 26 domain. 27 (3) The assessment of damages and benefits for property 28 taken, injured or destroyed. 29 (4) Boundary changes of municipalities. 30 (5) Regulation of public schools. 19710S0752B0809 - 13 -
1 (6) The registration of electors and the conduct of 2 elections. 3 (7) The fixing of rates and subjects of taxation. 4 (8) The assessment of real or personal property and persons 5 for taxation purposes. 6 (9) Defining or providing for the punishment of any felony 7 or misdemeanor. 8 (b) No municipality shall (i) engage in any private business 9 except as authorized by the General Assembly, (ii) exercise 10 powers contrary to, or in limitation or enlargement of powers 11 granted by acts of the General Assembly which by their expressed 12 terms are applicable in every part of the Commonwealth, or 13 applicable to all municipalities, or classes of municipalities 14 expressly including home rule charter municipalities, nor (iii) 15 be given the power to diminish the rights or privileges of any 16 present municipal employe in his pension or retirement system. 17 ARTICLE IX 18 REPEALS AND EFFECTIVE DATE 19 Section 901. Repeals.--All acts and parts of acts, general, 20 local and special, are repealed in so far as they are 21 inconsistent herewith. 22 Section 902. Effective Date.--This act shall take effect 23 immediately. E20L46RC/19710S0752B0809 - 14 -