PRINTER'S NO. 71
No. 77 Session of 2003
INTRODUCED BY HERMAN, BAKER, BELFANTI, CAPPELLI, COSTA, CREIGHTON, DeLUCA, GEIST, HARHAI, HARPER, HENNESSEY, LESCOVITZ, MACKERETH, MELIO, R. MILLER, NAILOR, NICKOL, RUBLEY, SANTONI, SAYLOR, SOLOBAY, STERN, T. STEVENSON, SURRA, TIGUE, WILT AND YOUNGBLOOD, JANUARY 29, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 29, 2003
AN ACT 1 Amending Title 53 (Municipalities Generally) of the Pennsylvania 2 Consolidated Statutes, further providing for definitions 3 relating to consolidation or merger, for initiative of 4 electors seeking consolidation or merger without home rule; 5 providing for initiative of electors seeking consolidation or 6 merger with a new home rule charter; further providing for 7 conduct of referenda and for consolidation or merger 8 agreement; and making editorial changes. 9 The General Assembly of the Commonwealth of Pennsylvania 10 hereby enacts as follows: 11 Section 1. The definition of "initiative" in section 732 of 12 Title 53 of the Pennsylvania Consolidated Statutes is amended 13 and the section is amended by adding definitions to read: 14 § 732. Definitions. 15 The following words and phrases when used in this subchapter 16 shall have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Commission." A board of members elected under the 19 provisions of section 735.1 (relating to initiative of electors
1 seeking consolidation or merger with new home rule charter) to 2 consider the advisability of the adoption of a new home rule 3 charter for the proposed consolidated or merged municipality 4 and, if advisable, to draft and recommend a new home rule 5 charter to the electorate. 6 * * * 7 "Electors." The registered voters of a municipality involved 8 in proceedings relating to the adoption and repeal of optional 9 forms of government. 10 * * * 11 "Initiative." The filing with applicable election officials 12 of a petition containing a proposal for a referendum to be 13 placed on the ballot of the next election. The petition shall 14 be: 15 (1) Filed not later than the 13th Tuesday prior to the 16 next election in which it will appear on the ballot. 17 (2) Signed by voters comprising 5% [of the persons] of 18 the number of electors voting for the office of Governor in 19 the last gubernatorial general election in the municipality 20 where the proposal will appear on the ballot. 21 (3) Placed on the ballot by election officials in a 22 manner fairly representing the content of the petition for 23 decision by referendum at the election. 24 (4) Submitted not more than once in five years. 25 * * * 26 "New home rule charter." A written document that defines the 27 powers, structure, privileges, rights and duties of the proposed 28 consolidated or merged municipality, the limitations thereon and 29 that provides for the composition and election of the governing 30 body chosen by popular elections. 20030H0077B0071 - 2 -
1 * * * 2 Section 2. Sections 734(b)(4) and 735 of Title 53 are 3 amended to read: 4 § 734. Joint agreement of governing bodies. 5 * * * 6 (b) Elements.--The joint agreement shall include, but not be 7 limited to: 8 * * * 9 (4) Whether a consolidated or merged municipality shall 10 be governed solely by the code and other general laws 11 applicable to the kind and class of the consolidated or 12 merged municipality; whether it shall be governed by a home 13 rule charter or optional plan of government previously 14 adopted pursuant to [the act of April 13, 1972 (P.L.184, 15 No.62), known as the Home Rule Charter and Optional Plans 16 Law,] Subpart E of Part III (relating to home rule and 17 optional plan government), by one of the municipalities to be 18 consolidated or merged; or whether it shall be governed by a 19 home rule charter or optional plan of government that has not 20 been previously adopted in accordance with [the Home Rule 21 Charter and Optional Plans Law] Subpart E of Part III by any 22 of the municipalities to be consolidated or merged, but 23 which, in the case of an optional plan of government, has 24 been selected and approved by the governing body of each of 25 the municipalities to be consolidated or merged from among 26 the options provided for in [the Home Rule Charter and 27 Optional Plans Law] Subpart E of Part III or, in the case of 28 a home rule charter, has been formulated and approved by the 29 governing body of each of the municipalities to be 30 consolidated or merged; provided, however, that nothing in 20030H0077B0071 - 3 -
1 this subchapter shall be construed as authorizing a 2 municipality adopting a home rule charter or optional plan of 3 government pursuant to this subchapter to exercise powers not 4 granted to a municipality adopting a home rule charter or an 5 optional plan of government pursuant to [the Home Rule 6 Charter and Optional Plans Law] Subpart E of Part III. 7 * * * 8 § 735. Initiative of electors seeking consolidation or merger 9 without new home rule charter. 10 (a) General rule.--In order for consolidation or merger 11 proceedings to be initiated by petition of electors, petitions 12 containing signatures of at least 5% of the number of electors 13 voting for the office of Governor in the last gubernatorial 14 general election in each municipality proposed to be 15 consolidated or merged shall be filed with the county board of 16 elections of the county in which the municipality, or the 17 greater portion of its territory, is located. 18 (b) Notice to governing bodies affected.--When election 19 officials find that a petition is in proper order, they shall 20 send copies of the initiative petition without the signatures 21 thereon to the governing bodies of each of the municipalities 22 affected by the proposed consolidation or merger. 23 (c) Contents.--A petition shall set forth: 24 (1) The name of the municipality from which the signers 25 of the petition were obtained. 26 (2) The names of the municipalities proposed to be 27 consolidated or merged. 28 (3) The name of the consolidated or merged municipality. 29 (4) The type and class of the consolidated or merged 30 municipality. 20030H0077B0071 - 4 -
1 (5) Whether a consolidated or merged municipality shall 2 be governed solely by the code and other general laws 3 applicable to the kind and class of the consolidated or 4 merged municipality; whether it shall be governed by a home 5 rule charter or optional plan of government previously 6 adopted pursuant to the [act of April 13, 1972 (P.L.184, 7 No.62), known as the Home Rule Charter and Optional Plans 8 Law,] Subpart E of Part III (relating to home rule and 9 optional plan government), by one of the municipalities to be 10 consolidated or merged; or whether it shall be governed by an 11 optional plan of government that has not been previously 12 adopted in accordance with [the Home Rule Charter and 13 Optional Plans Law] Subpart E of Part III by any of the 14 municipalities to be consolidated or merged, but which has 15 been selected from among the options provided for in [the 16 Home Rule Charter and Optional Plans Law] Subpart E of Part 17 III and is identified in the petition; provided, however, 18 that nothing in this subchapter shall be construed as 19 authorizing a municipality adopting an optional plan of 20 government pursuant to this subchapter to exercise powers not 21 granted to a municipality adopting an optional plan of 22 government pursuant to [the Home Rule Charter and Optional 23 Plans Law] Subpart E of Part III. 24 (6) In the case of a merger, where the surviving 25 municipality is a city which had previously adopted an 26 optional charter pursuant to the act of July 15, 1957 27 (P.L.901, No.399), known as the Optional Third Class City 28 Charter Law, whether the resulting merged municipality will 29 continue to operate under the optional charter. 30 (7) The number of districts or wards, if any, into which 20030H0077B0071 - 5 -
1 the consolidated or merged municipality will be divided for 2 the purpose of electing all or some members of its governing 3 body. 4 (d) Filing of petition.--The consolidation or merger 5 petition shall be filed with the election officials not later 6 than the 13th Tuesday prior to the next primary, municipal or 7 general election. The petition and proceedings on the petition 8 shall be conducted in the manner and subject to the provisions 9 of the election laws which relate to the signing, filing and 10 adjudication of nomination petitions insofar as the provisions 11 are applicable, except that no referendum petition shall be 12 signed or circulated prior to the 20th Tuesday before the 13 election, nor later than the 13th Tuesday before the election. 14 Section 3. Title 53 is amended by adding a section to read: 15 § 735.1. Initiative of electors seeking consolidation or merger 16 with new home rule charter. 17 (a) General rule.--In order for a commission and 18 consolidation or merger proceedings to be initiated by petition 19 of electors, petitions containing signatures of at least 5% of 20 the number of electors voting for the office of Governor in the 21 last gubernatorial general election in each municipality 22 proposed to be consolidated or merged shall be filed with the 23 county board of elections of the county in which the 24 municipality, or the greater portion of its territory, is 25 located. 26 (b) Notice to governing bodies affected.--When election 27 officials find that a petition is in proper order, they shall 28 send copies of the initiative petition without the signatures 29 thereon to the governing bodies of each of the municipalities 30 affected by the proposed consolidation or merger. 20030H0077B0071 - 6 -
1 (c) Contents.--A petition shall set forth: 2 (1) The name of the municipality from which the signers 3 of the petition were obtained. 4 (2) The names of the municipalities proposed to be 5 consolidated or merged. 6 (3) The number of persons to compose the commission. 7 (4) The petition question which shall read as follows: 8 Shall a Government Study Commission of (seven, nine 9 or eleven) members be elected to study the issue of 10 consolidation or merger of (municipalities to be 11 consolidated or merged); to provide a recommendation 12 on consolidation or merger; to consider the 13 advisability of the adoption of a new home rule 14 charter; and to draft a new home rule charter, if 15 recommended in the report of the commission? 16 (d) Filing of petition and duty of election board.-- 17 (1) A commission and consolidation or merger proceedings 18 petition under this section shall be filed with the election 19 officials not later than the 13th Tuesday prior to the next 20 primary, municipal or general election. 21 (2) The petition and proceedings on the petition shall 22 be conducted in the manner and subject to the provisions of 23 the election laws which relate to the signing, filing and 24 adjudication of nomination petitions insofar as the 25 provisions are applicable, except that no referendum petition 26 shall be signed or circulated prior to the 20th Tuesday 27 before the election, nor later than the 13th Tuesday before 28 the election. 29 (3) At the next general, municipal or primary election 30 occurring not less than the 13th Tuesday after the filing of 20030H0077B0071 - 7 -
1 the petition with the county board of elections, it shall 2 cause the appropriate question to be submitted to the 3 electors of each of the municipalities proposed to be 4 consolidated or merged in the same manner as other questions 5 are submitted under the act of June 3, 1937 (P.L.1333, 6 No.320), known as the Pennsylvania Election Code. 7 (e) Election of members of commission.-- 8 (1) A commission of seven, nine or eleven members, as 9 designated in the question, shall be elected by the qualified 10 voters at the same election the question is submitted to the 11 electors. 12 (2) Each candidate for the office of member of the 13 commission shall be nominated and placed upon the ballot 14 containing the question in the manner provided by and subject 15 to the provisions of the Pennsylvania Election Code, which 16 relate to the nomination of a candidate nominated by 17 nomination papers filed for other offices elective by the 18 voters. Each candidate shall be nominated and listed without 19 any political designation or slogan and no nomination paper 20 shall be signed or circulated prior to the 13th Tuesday 21 before the election nor later than the tenth Tuesday before 22 the election. No signature shall be counted unless it bears a 23 date within this period. 24 (3) Each elector shall be instructed to vote on the 25 question and, regardless of the manner of his vote on the 26 question, to vote for the designated number of members of the 27 commission who shall serve if the question is or has been 28 determined in the affirmative. 29 (4) If an insufficient number of nominating papers is 30 filed to fill all of the designated positions on the 20030H0077B0071 - 8 -
1 commission, the question of establishing the commission shall 2 be placed on the ballot and, unless a sufficient number of 3 commission members are elected by receiving at least as many 4 votes as signatures are required to file a nominating 5 petition, then the question of creating the commission shall 6 be deemed to have been rejected. 7 (f) Nomination of candidates.-- 8 (1) All candidates for a commission shall be electors. 9 Each candidate shall be nominated from the area of the 10 proposed consolidated or merged municipality by nomination 11 papers signed by a number of electors equal at least to 2% of 12 the number of electors voting for the office of Governor in 13 the last gubernatorial general election in each municipality 14 proposed to be consolidated or merged or 200 electors from 15 each municipality, whichever is less, and filed with the 16 county board of elections of the county in which the 17 municipality, or the greater portion of its territory, is 18 located not later than the tenth Tuesday prior to the date of 19 the election. 20 (2) Each nomination paper shall set forth the name, 21 place of residence and post office address of the candidate 22 thereby nominated, that the nomination is for the office of 23 commissioner and that the signers are legally qualified to 24 vote for the candidate. An elector may not sign nomination 25 papers for more candidates for the commission than he could 26 vote for at the election. Every elector signing a nomination 27 paper shall write his place of residence, post office address 28 and street number, if any, on the petition. 29 (3) Each nomination paper shall, before it may be filed 30 with the county board of elections, contain under oath of the 20030H0077B0071 - 9 -
1 candidate an acceptance of the nomination in writing, signed 2 by the candidate therein nominated, upon or annexed to the 3 paper, or, if the same person be named in more than one 4 paper, upon or annexed to one of the papers. The acceptance 5 shall certify that the candidate is an elector, that the 6 nominee consents to run as a candidate at the election and 7 that, if elected, the candidate agrees to take office and 8 serve. 9 (4) Each nomination paper shall be verified by an oath 10 of one or more of the signers, taken and subscribed before a 11 person qualified under the laws of this Commonwealth to 12 administer an oath, to the effect that the paper was signed 13 by each of the signers in his proper handwriting, that the 14 signers are, to the best knowledge and belief of the affiant, 15 electors and that the nomination paper is prepared and filed 16 in good faith for the sole purpose of endorsing the person 17 named therein for election as stated in the paper. 18 (g) Results of election.-- 19 (1) The result of the votes cast for and against the 20 question as to the election of a commission and consolidation 21 and merger proceedings shall be returned by the election 22 officers, and a canvass of the election had, as is provided 23 by law in the case of other public questions put to the 24 electors. The votes cast for members of the commission shall 25 be counted and the result returned by the county board of 26 electors of the county in which the municipality, or the 27 greater portion of its territory, is located, and a canvass 28 of the election had, as is provided by law in the case of 29 election of members of municipal councils or boards. The 30 designated number of candidates receiving the greatest number 20030H0077B0071 - 10 -
1 of votes shall be elected and shall constitute the 2 commission. If a majority of those voting on the question 3 vote against the election of the commission, none of the 4 candidates shall be elected. If two or more candidates for 5 the last seat shall be equal in number of votes, they shall 6 draw lots to determine which one shall be elected. 7 (2) If, in accordance with subsection (e)(4), there has 8 been an insufficient number of nominating papers filed to 9 fill all of the designated positions on the commission and a 10 sufficient number of commission members are not elected by 11 receiving at least as many votes as signatures are required 12 to file a nominating petition, the question as to the 13 election of a commission and consolidation and merger 14 proceedings shall be deemed to have been rejected and shall 15 fail and none of the candidates shall be elected. 16 (h) Oath of office of members of commission.-- 17 (1) As soon as possible and in any event no later than 18 ten days after its certification of election, the members of 19 a commission elected on a countywide basis shall, before a 20 judge of a court of common pleas, make oath to support the 21 Constitution of the United States and the Constitution of 22 Pennsylvania and to perform the duties of the office with 23 fidelity. 24 (2) As soon as possible and in any event no later than 25 ten days after its certification of election, the members of 26 a commission elected on other than a countywide basis shall, 27 before a district justice, make oath to support the 28 Constitution of the United States and the Constitution of 29 Pennsylvania and to perform the duties of the office with 30 fidelity. 20030H0077B0071 - 11 -
1 (i) First meeting of commission.-- 2 (1) As soon as possible and in any event no later than 3 15 days after its certification of election, a commission 4 shall organize and hold its first meeting and elect one of 5 its members chairman and another member vice chairman, fix 6 its hours and place of meeting and adopt rules for the 7 conduct of business it deems necessary and advisable. 8 (2) A majority of the members of the commission shall 9 constitute a quorum for the transaction of business, but no 10 recommendation of the commission shall have any legal effect 11 unless adopted by a majority of the whole number of the 12 members of the commission. 13 (j) Vacancies.--In case of a vacancy in a commission, the 14 remaining members of the commission shall fill it by appointing 15 thereto some other properly qualified elector. 16 (k) Function and duty of commission.-- 17 (1) A commission shall study the issue of consolidation 18 or merger of the municipalities. 19 (2) The commission shall study the advisability of a new 20 home rule charter form of government for the proposed 21 consolidated or merged municipality and compare it with other 22 available forms under the laws of this Commonwealth and 23 determine in its judgment which form of government is more 24 clearly responsible or accountable to the people and its 25 operation more economical and efficient. 26 (3) If a new home rule charter is found to be the most 27 advisable form of government for the proposed consolidated or 28 merged municipality, the commission shall: 29 (i) Draft and recommend to the electorate a new home 30 rule charter for the proposed consolidated or merged 20030H0077B0071 - 12 -
1 municipality containing a transitional plan and schedule 2 applicable to elected officers; Provided, However, That 3 nothing in this section shall be construed as authorizing 4 a consolidated or merged municipality adopting a new home 5 rule charter pursuant to this section to exercise powers 6 not granted to a municipality adopting a home rule 7 charter pursuant to Part III, Subpt. E (relating to home 8 rule and optional plan government). 9 (ii) If the new home rule charter calls for all or 10 any part of the governing body of the consolidated or 11 merged municipality to be elected on a district or ward 12 basis, prepare and set forth, as an appendix to the new 13 home rule charter: 14 (A) The district or ward boundaries established 15 to achieve substantially equal representation. 16 (B) The district or ward designation by number. 17 (C) The number of members of the municipal 18 governing body to be elected from each district or 19 ward. 20 (iii) Prepare and suggest for adoption by the 21 governing body of the newly consolidated or merged 22 municipality recommendations concerning: 23 (A) The disposition of assets that may be 24 surplus or unneeded as a result of the consolidation 25 or merger. 26 (B) The liquidation, assumption or other 27 disposition of existing indebtedness of the 28 consolidated or merged municipalities. 29 (C) A legally consistent uniform tax system to 30 be implemented throughout the consolidated or merged 20030H0077B0071 - 13 -
1 municipality which provides the revenue necessary to 2 fund required municipal services. 3 (D) Ordinances to be uniformly enforced 4 throughout the consolidated or merged municipality, 5 which may be adopted by the new governing body of the 6 consolidated or merged municipality at its 7 organizational meeting; Provided, That codification 8 of all ordinances shall be completed as specified in 9 section 740 (relating to procedures). 10 (l) Compensation, personnel and commission budget.-- 11 (1) Members of the commission shall serve without 12 compensation, but shall be reimbursed by the municipalities 13 proposed to be consolidated or merged for their necessary 14 expenses incurred in the performance of their duties. 15 (2) The commission may appoint one or more consultants 16 and clerical and other assistants to serve at the pleasure of 17 the commission and may fix reasonable compensation therefor 18 to be paid the consultants and clerical and other assistants. 19 (3) In accordance with this subsection, the commission 20 shall prepare and submit to the governing body of each of the 21 municipalities being considered for consolidation or merger, 22 budget estimates of the amount of money necessary to meet the 23 expenditures to be incurred by the commission in the carrying 24 out of its functions in accordance with this section, 25 including, but not limited to, reasonable estimations of the 26 necessary expenses of commission members, compensation of 27 consultants, clerical personnel and other assistants and 28 other expenditures incident to work of the commission. 29 (4) The commission shall prepare and submit an initial 30 budget submission that estimates expenses for the first nine- 20030H0077B0071 - 14 -
1 month phase of the commission's work. The initial budget 2 estimate shall be submitted as soon as possible and in any 3 event no later than 45 days after the commission's 4 certification of election. 5 (5) If, during the first nine-month phase of its work, 6 the commission elects to prepare and submit a new home rule 7 charter for the proposed consolidated or merged municipality, 8 a final budget shall be submitted to the governing body of 9 each of the municipalities being considered for consolidation 10 or merger that estimates expenses to be incurred in the 11 completion of the commission's work. 12 (6) No later than 15 days after the submission of a 13 budget in accordance with paragraphs (4) or (5), a joint 14 public hearing of the commission and the governing bodies of 15 the municipalities shall be held. The governing bodies of the 16 municipalities to be consolidated or merged may, by 17 agreement, modify any budget submitted by the commission. A 18 governing body of a municipality to be consolidated or merged 19 may approve appropriations to the commission in conformity 20 with its share of the modified budget, as determined in 21 accordance with paragraph (7). Any unreasonable modification 22 of the budget may be subject to an action as provided in 23 paragraph (8) in the court of common pleas of any county 24 wherein a municipality to be consolidated or merged lies. 25 (7) The municipalities to be consolidated or merged may, 26 by agreement, determine the share that each municipality 27 shall appropriate to fund the estimated budget of the 28 commission. If no agreement as to the respective amount that 29 each municipality shall appropriate is reached, each 30 municipality shall appropriate funds equal to its pro rata 20030H0077B0071 - 15 -
1 share of the total estimated budget of the commission based 2 upon its share of population to the total population of the 3 municipalities to be consolidated or merged. 4 (8) The commission may bring an action in the court of 5 common pleas of the county where a municipality is located 6 requesting that the court determine whether the municipality 7 has failed to reasonably modify an estimated budget or to 8 appropriate moneys in accordance with this subsection. The 9 court may provide appropriate relief, including, but not 10 limited to, ordering appropriation of funds in accordance 11 with the budget: 12 (i) as submitted by the commission or as modified by 13 the municipalities; or 14 (ii) as modified by the court. 15 (9) In all cases, the costs and fees of any action 16 brought by the commission under this subsection shall be paid 17 by the municipality or municipalities named as defendants. 18 (10) A municipality shall be entitled to a proportionate 19 reimbursement or offset of its share of the budget by any 20 publicly or privately contributed funds or services made 21 available to the commission. 22 (m) Hearings and public forums.--A commission shall hold one 23 or more public hearings and sponsor public forums and generally 24 shall provide for the widest possible public information and 25 discussion respecting the purposes and progress of its work. 26 (n) Report of findings and recommendations.-- 27 (1) A commission shall report its findings and 28 recommendations to the citizens of the proposed consolidated 29 or merged municipalities within nine months from the date of 30 its election except that it shall be permitted an additional 20030H0077B0071 - 16 -
1 nine months if it elects to prepare and submit a proposed new 2 home rule charter and an additional two months if it chooses 3 to provide for the election of its governing body by 4 districts. It shall publish or cause to be published 5 sufficient copies of its final report for public study and 6 information and shall deliver to the municipal clerk or 7 secretary of each municipality proposed to be consolidated or 8 merged sufficient copies of the report to supply it to any 9 interested citizen upon request. If the commission recommends 10 the adoption of a new home rule charter, the report shall 11 contain the complete plan as recommended. 12 (2) There shall be attached to each copy of the report 13 of the commission, as a part thereof, a statement sworn to by 14 the members of the commission listing in detail the funds, 15 goods, materials and services, both public and private, used 16 by the commission in the performance of its work and the 17 preparation and filing of the report and identifying 18 specifically the supplier of each item thereon. 19 (3) A copy of the final report of the commission with 20 its findings and recommendations shall be filed with the 21 Department of Community and Economic Development. 22 (4) All the records, reports, tapes, minutes of meetings 23 and written discussions of the commission shall, upon its 24 discharge, be turned over to the municipal clerk or secretary 25 of each municipality proposed to be consolidated or merged 26 for permanent safekeeping and made available for public 27 inspection at any time during regular business hours. 28 (o) Discharge of petition and amended reports.-- 29 (1) A commission shall be discharged upon the filing of 30 its report, but, if the commission's recommendations require 20030H0077B0071 - 17 -
1 further procedure in the form of a referendum on the part of 2 the electors, the commission shall not be discharged until 3 the procedure has been concluded. At any time prior to 60 4 days before the date of the referendum, the commission may 5 modify or change any recommendation set forth in the final 6 report by publishing an amended report. 7 (2) Whenever the commission issues an amended report 8 pursuant to paragraph (1), the amended report shall supersede 9 the final report and the final report shall cease to have any 10 legal effect. 11 (3) The procedure to be taken under the amended report 12 shall be governed by the provisions of this subpart 13 applicable to the final report of the commission submitted 14 pursuant to subsection (n). 15 (p) Types of action recommended.--A commission shall report 16 and recommend in accordance with this section: 17 (1) That a referendum shall be held that submits to the 18 electors the question of consolidating or merging the named 19 municipalities under a new home rule charter as prepared by 20 the commission. 21 (2) That no referendum shall be held because 22 consolidation or merger of the named municipalities under a 23 new home rule charter is not recommended by the commission. 24 (3) That the named municipalities consider such other 25 action as the commission recommends and deems advisable 26 consistent with its functions as set forth in this section. 27 (q) Specificity of recommendations.-- 28 (1) If a commission recommends the adoption of a new 29 home rule charter, it shall specify the number to be on the 30 governing body, all offices to be filled by election and 20030H0077B0071 - 18 -
1 whether elections shall be on an at-large, district or 2 combination district and at-large basis. 3 (2) Notwithstanding any other provisions of this 4 subpart, if an approved new home rule charter adopted 5 pursuant to the provisions of this subpart specifies that the 6 election of the governing body should be on an at-large, 7 district or combination district and at-large basis and the 8 basis recommended differs from the existing basis and 9 therefore requires the elimination of districts or the 10 establishment of revised or new districts, then election of 11 municipal officials shall not take place on the new basis 12 until the municipal election following the next primary 13 election taking place more than 180 days after the election 14 at which the referendum on the question of a consolidation or 15 merger and new home rule charter has been approved by the 16 electorate. The consolidation or merger and new home rule 17 charter shall not go into effect until the first Monday in 18 January following the election of municipal officials on the 19 new basis as provided in section 738 (relating to 20 effectuation of consolidation or merger). New or revised 21 districts shall be established by the commission and included 22 in the proposed charter. 23 (r) Form of question on consolidation or merger and new home 24 rule charter.--If a commission recommends consolidation or 25 merger and the adoption of a new home rule charter for the 26 municipalities to be consolidated or merged, the question to be 27 submitted to the voters for the adoption of consolidation or 28 merger and a new home rule charter shall be submitted in the 29 following form or such part as shall be applicable. 30 Shall the municipalities of (insert names of 20030H0077B0071 - 19 -
1 municipalities consolidating or merging) be (insert 2 consolidated or merged) to become (insert name of new 3 municipality, type and class of municipality) under a new 4 home rule charter contained in the report, dated (insert 5 date), of the commission? 6 (s) Submission of question on consolidation or merger and 7 new home rule charter.--If a commission recommends that the 8 question of adopting consolidation or merger and a new home rule 9 charter authorized by this subpart should be submitted to the 10 electors, the municipal clerk or secretary of each municipality 11 proposed to be consolidated or merged shall, within five days 12 thereafter, certify a copy of the commission's report to the 13 county board of elections of the county in which the 14 municipality, or the greater portion of its territory, is 15 located, which shall cause the question of adoption or rejection 16 to be placed upon the ballot or voting machines at the time as 17 the commission specifies in its report. The commission may cause 18 the question to be submitted to the electors at the next 19 primary, municipal or general election occurring not less than 20 60 days following the filing of a copy of the commission's 21 report with the county board of elections, at the time the 22 commission's report directs. At the election, the question of 23 adopting consolidation or merger and a new home rule charter 24 recommended by the commission shall be submitted to the electors 25 by the county board of elections in the same manner as other 26 questions are submitted to the electors under the Pennsylvania 27 Election Code. The commission shall frame the question to be 28 placed upon the ballot as provided for in subsection (r) and, if 29 it deems appropriate, an interpretative statement to accompany 30 the question. 20030H0077B0071 - 20 -
1 (t) Amendment of new home rule charter.--The procedure for 2 amending the new home rule charter of the consolidated or merged 3 municipality created under this subpart shall be through the 4 initiative procedure and referendum or ordinance of the 5 governing body as provided for in Subchapter C of Chapter 29 6 (relating to amendment of existing charter or optional plan). 7 (u) General powers and limitation of consolidated or merged 8 municipality under new home rule charter.--Nothing in this 9 section shall be construed as authorizing a consolidated or 10 merged municipality adopting a new home rule charter to exercise 11 powers not granted to a municipality adopting a home rule 12 charter pursuant to Subpart E of Part III. 13 Section 4. Sections 736, 737, 738, 739(a), 740(a) and 741 of 14 Title 53 are amended to read: 15 § 736. Conduct of referenda. 16 (a) Duty to place on ballot.--Following initiation of 17 proceedings for consolidation or merger by the procedures set 18 forth either in section 734 (relating to joint agreement of 19 governing bodies) or 735 (relating to initiative of electors 20 seeking consolidation or merger without new home rule charter), 21 the question of consolidation or merger as set forth in the 22 joint agreement or initiative petition shall be placed before 23 the electors of each of the municipalities proposed to be 24 consolidated or merged. A referendum shall be held at the first 25 primary, municipal or general election occurring at least 13 26 weeks after either: 27 (1) the date of the general agreement entered into under 28 the provisions of section 734; or 29 (2) the date of filing of the petition filed under the 30 provisions of section 735. 20030H0077B0071 - 21 -
1 (a.1) Referenda under section 735.1.--Referenda authorized 2 under section 735.1 (relating to initiative of electors seeking 3 consolidation or merger with new home rule charter) shall be 4 placed on the ballot in accordance with section 735.1(d)(3) and 5 (s). 6 (b) Approval.--[Consolidation] Pursuant to sections 734, 735 7 and 735.1 consolidation or merger shall not be effective unless 8 the referendum question is approved by a majority of the 9 electors voting in each of the municipalities in which the 10 referendum is held. If in any one of the municipalities in which 11 the referendum is held a majority vote in favor of consolidation 12 or merger does not result, the referendum shall fail and 13 consolidation or merger shall not take place. The same question 14 in accordance with sections 734 or 735, or the same question 15 described in the proposal for consolidation or merger with a new 16 home rule charter in accordance with section 735.1 described in 17 the consolidation or merger proposal shall not be voted on again 18 for a period of five years. 19 (c) Subsequent referenda.--The five-year moratorium on 20 voting the same consolidation or merger question as provided in 21 subsection (b) shall be deemed not to apply to any subsequent 22 referendum question involving a consolidation or merger of any 23 combination of two or more contiguous municipalities if the 24 referendum question differs or is dissimilar in any way from a 25 previous referendum question which was not approved as provided 26 for in subsection (b). 27 § 737. Consolidation or merger agreement. 28 (a) Form.--Upon favorable action by the electorate on 29 consolidation or merger, in cases where consolidation or merger 30 was initiated by petition of electors under section 735 20030H0077B0071 - 22 -
1 (relating to initiative of electors seeking consolidation or 2 merger without new home rule charter), the governing bodies of 3 the municipalities to be consolidated or merged shall meet 4 within 60 days after the certification of the favorable vote and 5 shall within a reasonable time after certification make a 6 consolidation or merger agreement as follows: 7 (1) If the governing body, or part of the governing 8 body, of the consolidated or merged municipality is to be 9 elected on a district or ward basis, the agreement shall set 10 forth the district or ward boundaries and the district or 11 ward designation, by number, and the number of members of the 12 municipal governing body to be elected from each district or 13 ward. The boundaries of the districts or wards shall be 14 established to achieve substantially equal representation. 15 (2) The agreement shall set forth terms for: 16 (i) The disposition of the existing assets of each 17 municipality. 18 (ii) The liquidation of the existing indebtedness of 19 each municipality. 20 (iii) The assumption, assignment and disposition of 21 the existing liabilities of each municipality, either 22 jointly, separately or in certain defined proportions, by 23 separate rates of taxation within each of the constituent 24 municipalities until consolidation or merger becomes 25 effective pursuant to section 738 (relating to 26 effectuation of consolidation or merger). 27 (3) The agreement shall set forth the governmental 28 organization of the consolidated or merged municipality 29 insofar as it concerns elected officers and shall contain a 30 transitional plan and schedule applicable to elected 20030H0077B0071 - 23 -
1 officers. 2 (4) The agreement shall provide for common 3 administration and uniform enforcement of ordinances within 4 the consolidated or merged municipality. 5 (5) The agreement shall also provide, consistent with 6 existing law, for the implementation of a uniform tax system 7 throughout the consolidated or merged municipality which 8 shall provide the revenue necessary to fund required 9 municipal services. 10 (b) Filing.--A copy of the consolidation or merger agreement 11 under this section or the joint agreement under section 734 12 (relating to joint agreement of governing bodies) after approval 13 by the electorate shall be filed with the Department of 14 Community [Affairs] and Economic Development, the Department of 15 Transportation, the Governor's Office of Policy Development or 16 its successor, the Department of Education, the State Tax 17 Equalization Board and the Legislative Data Processing 18 Committee. A copy shall also be filed with the court of common 19 pleas and the board of county commissioners of the county or 20 counties in which municipalities affected are located. 21 § 738. Effectuation of consolidation or merger. 22 Municipalities consolidated or merged shall continue to be 23 governed as before consolidation or merger until the date 24 stipulated in the transitional plan and schedule provided for in 25 sections 734 (relating to joint agreement of governing bodies) 26 and 737 (relating to consolidation or merger agreement)[. New], 27 or the transitional plan provided for by a study commission 28 pursuant to section 735.1 (relating to initiative of electors 29 seeking consolidation or merger with new home rule charter). 30 Subject to the provisions of section 735.1(q), new officials 20030H0077B0071 - 24 -
1 required to be elected shall take office on the first Monday of 2 January following the municipal election designated in the 3 transitional plan and schedule. At that municipal election, the 4 necessary officers of the consolidated or merged municipality 5 shall be elected in accordance with the terms of the general law 6 affecting municipalities of the kind or class of the 7 consolidated or merged municipality or, in case of a 8 consolidated or merged municipality operating under a home rule 9 charter or optional plan of government, in accordance with the 10 charter or optional plan or with general law affecting home rule 11 or optional plan municipalities, as applicable. The officers 12 elected at that municipal election shall be elected for terms of 13 office under the plan and schedule set forth in the 14 consolidation or merger agreement authorized by section 734 or 15 737, or the transitional plan provided for by a commission 16 pursuant to section 735.1, as the case may be. They shall take 17 office as officers of the consolidated or merged municipality on 18 the first Monday of January following the municipal election at 19 which they were elected, and upon assumption of office, the 20 consolidated or merged municipality shall begin to function and 21 the former municipalities consolidated or merged into it shall 22 be abolished. 23 § 739. Effect of transition on employees of consolidated or 24 merged municipality. 25 (a) Transition.--As of the date when a consolidated or 26 merged municipality shall begin to function, except for those 27 officers and employees which are protected by any tenure of 28 office, civil service provisions or collective bargaining 29 agreement, all appointive offices and positions then existing in 30 all former municipalities involved in the consolidation or 20030H0077B0071 - 25 -
1 merger shall be subject to the terms of the consolidation or 2 merger agreement or transitional plan as provided for in section 3 735.1 (relating to initiative of electors seeking consolidation 4 or merger with new home rule charter). Provisions shall be made 5 for instances in which there is duplication of positions, 6 including, but not limited to, chief of police or manager, and 7 for other matters such as varying length of employee contracts, 8 different civil service regulations in the constituent 9 municipalities and differing ranks and position classifications 10 for similar positions. 11 * * * 12 § 740. Procedures. 13 (a) Ordinance book.--After consolidation becomes effective, 14 a new ordinance book shall be used by the municipality, and, 15 except for a municipality consolidated or merged under section 16 735.1 (relating to initiative of electors seeking consolidation 17 or merger with new home rule charter), the first document to be 18 recorded in it shall be the consolidation agreement. 19 * * * 20 § 741. Court review of transitional plan. 21 [After] (a) General rule.--Except as provided in subsection 22 (b), after the approval of a referendum pursuant to section 736 23 (relating to conduct of referenda), any person who is a resident 24 of a municipality to be consolidated or merged may petition the 25 court of common pleas to order the appropriate municipal 26 governing bodies to: 27 (1) implement the terms of a transitional plan and 28 schedule adopted pursuant to section 734 (relating to joint 29 agreement of governing bodies) or 737 (relating to 30 consolidation or merger agreement); or 20030H0077B0071 - 26 -
1 (2) adopt or amend a transitional plan or schedule if 2 the court finds that the failure to do so will result in the 3 unreasonable perpetuation of the separate forms and 4 classifications of government existing in the affected 5 municipalities prior to the approval of the referendum. 6 (b) Exception.--After consolidation or merger pursuant to 7 section 735.1 (relating to initiative of electors seeking 8 consolidation or merger with new home rule charter), any person 9 who is a resident of the newly consolidated or merged 10 municipality may petition the court of common pleas to order the 11 governing body of that municipality to act to accept or provide 12 alternatives to the recommendations of the commission in 13 accordance with section 735.1(k)(3)(iii). 14 Section 5. This act shall take effect in 60 days. A8L53DMS/20030H0077B0071 - 27 -