1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, providing for local referenda.

3The General Assembly of the Commonwealth of Pennsylvania
4hereby enacts as follows:

5Section 1.  Subchapter A of Chapter 13 of Title 53 of the
6Pennsylvania Consolidated Statutes is amended to read:

7CHAPTER 13

8GENERAL PROVISIONS

9SUBCHAPTER A

10[(Reserved)]

11LOCAL REFERENDA

12Sec.

131301.  Scope of subchapter.

141302.  Definitions.

151303.  General authorization.

161304.  Ordinance.

171305.  Limitation.

18§ 1301.  Scope of subchapter.

1This subchapter relates to local referenda.

2§ 1302.  Definitions.

3The following words and phrases when used in this subchapter
4shall have the meanings given to them in this section unless the
5context clearly indicates otherwise:

6"Department."  The Department of State of the Commonwealth.

7"Election officials."  The county board of elections of a
8county.

9"Governing body."  Any city council, borough council,
10incorporated town council, board of county commissioners or a
11home rule successor in function, board of township
12commissioners, board of township supervisors, governing council
13of an optional plan municipality or governing council of a
14similar general purpose unit of government which may be created
15by statute after the effective date of this section.

16"Local referendum."  A direct vote in which the electors of a
17political subdivision are asked to either accept or reject a
18proposal put forth by a governing body.

19"Pennsylvania Election Code."  The act of June 3, 1937
20(P.L.1333, No.320), known as the Pennsylvania Election Code.

21"Political subdivision."  A county, city, borough,
22incorporated town or township. The term does not include a city
23of the third class or a home rule municipality.

24§ 1303.  General authorization.

25The governing body of a political subdivision may by
26ordinance submit a local referendum question to the electors of
27the political subdivision at the primary or general election.

28§ 1304.  Ordinance.

29(a)  Contents.--An ordinance under section 1303 (relating to
30general authorization) shall contain the following:

1(1)  The local referendum question, including a nonlegal
2interpretative statement in accordance with section 201.1 of
3the Pennsylvania Election Code.

4(2)  A statement whether the local referendum is binding
5or nonbinding.

6(3)  A statement specifying at which election the local
7referendum is to be put before the electors.

8(b)  Filing.--A certified copy of the ordinance shall be
9filed with election officials and the department at least 90
10days prior to the next primary or general election after the
11filing.

12(c)  Notice.--

13(1)  Election officials shall certify the date for the
14local referendum and notify the governing bodies of the
15political subdivisions involved of the date set for the
16referendum election on the proposal at least 30 days before
17the election.

18(2)  A copy of the ordinance shall be published once by
19election officials in at least one newspaper of general
20circulation in the political subdivision involved during the
2130-day period prior to the election.

22(d)  Ballot procedure.--

23(1)  The procedure for the local referendum shall be
24governed by the Pennsylvania Election Code.

25(2)  If election officials find that the ordinance
26authorized by the governing body meets the requirements of
27this subchapter, the election officials shall place the
28proposal on the ballot in a manner fairly representing the
29content of the ordinance for decision by referendum at the
30proper election.

1(e)  Approval.--

2(1)  Approval of a local referendum shall be by a
3majority vote of those voting in each political subdivision
4involved.

5(2)  Election officials shall certify the results of the
6local referendum to the governing body and the department.

7§ 1305.  Limitation.

8Nothing under this subchapter shall permit a governing body
9to adopt an ordinance under section 1303 (relating to general
10authorization) in conflict with a Federal or State law.

11Section 2.  This act shall take effect in 60 days.