PRINTER'S NO. 3898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2583
Session of
2020
INTRODUCED BY ZIMMERMAN, BERNSTINE, T. DAVIS, CALTAGIRONE,
HEFFLEY AND GILLEN, JUNE 8, 2020
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 8, 2020
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for method of incorporation, for municipalities
withdrawing from and joining in joint authorities, for
amendment of articles and for governing body.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5603 and 5604 of Title 53 of the
Pennsylvania Consolidated Statutes are amended by adding a
subsection to read:
§ 5603. Method of incorporation.
* * *
(g) Notification of county.--After an authority has received
the certificate of incorporation from the Secretary of the
Commonwealth under subsection (e), the authority shall notify
the county or counties of the incorporating municipalities
within 10 days to prepare for municipal elections.
§ 5604. Municipalities withdrawing from and joining in joint
authorities.
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(f) Notification of county.--
(1) After a municipality receives a certificate of
joinder from the Secretary of the Commonwealth under
subsection (e), the municipality shall notify the county in
which it is located within 10 days in order to prepare for
municipal elections.
(2) After a municipality receives a certificate of
withdrawal from the Secretary of the Commonwealth under
subsection (e), the municipality shall notify the county that
the municipality's elected board members of the authority
will be abolished on the date specified in the certificate of
withdrawal.
Section 2. Sections 5605(a)(4) and 5610(a), (b), (c), (d)
and (f) of Title 53 are amended to read:
§ 5605. Amendment of articles.
(a) Purpose.--An authority may amend its articles for the
following reasons:
* * *
[(4) To increase or decrease the number of members of
the board of the authority, to reapportion the representation
on the board of the authority and to revise the terms of
office of members, all in a manner consistent with the
provisions of section 5610 (relating to governing body).]
* * *
§ 5610. Governing body.
(a) Board.--Except as set forth in subsection (a.1), the
powers of each authority shall be exercised by a board composed
as follows:
(1) (i) If the authority is incorporated by one
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municipality, the board shall consist of [a number of]
five members, [not less than five,] as enumerated in the
articles of incorporation. The governing body of the
municipality shall appoint the members of the board,
whose terms of office shall commence on the effective
date of their appointment[. One member shall serve for
one year, one for two years, one for three years, one for
four years and one for five years commencing with the
first Monday in January next succeeding the date of
incorporation or amendment. If there are more than five
members of the board, their terms shall be staggered in a
similar manner for terms of one to five years from the
first Monday in January next succeeding.] until the first
Monday in January following a municipal election
occurring more than 90 days after the later of the
incorporation of the authority or the effective date of
this subparagraph.
(ii) Thereafter, whenever a vacancy [has occurred by
reason of the expiration of the term of any member, the]
occurs, the governing body of the authority shall appoint
a member of the board [for a term of five years from the
date of expiration of the prior term to succeed the
member whose term has expired.] who meets the residency
requirements of the vacancy for a term until the first
Monday of January next succeeding the election at which
the officers are to be elected to fulfill the remainder
of the term.
(2) (i) If the authority is incorporated by two or more
municipalities, the board shall consist of a number of
members at least equal to the number of municipalities
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incorporating the authority, but in no event less than
five. [When one or more additional municipalities join an
existing authority, each of the joining municipalities
shall have similar membership on the board as the
municipalities then members of the authority and the
joining municipalities may determine by appropriate
resolutions.] Three board members shall be at-large
members from the entire service area of the authority.
Each municipality in the authority shall have one board
member from the municipality. One at-large board member
shall be in each of the three election classes mentioned
in subsection (b)(7)(ii)(B). The members of the board of
a joint authority shall each be appointed by the
governing body of the incorporating or joining
municipality he represents, and their terms of office
shall commence on the effective date of their
appointment[. One member shall serve for one year, one
for two years, one for three years, one for four years
and one for five years from the first Monday in January
next succeeding the date of incorporation, amendment or
joinder, and if there are more than five members of the
board, their terms shall be staggered in a similar manner
for terms of from one to five years commencing with the
first Monday in January next succeeding.] until the first
Monday in January following a municipal election
occurring more than 90 days after the later of the
incorporation of the authority or the effective date of
this subparagraph.
(ii) Thereafter, whenever a vacancy [has occurred by
reason of the expiration of the term of any member, the]
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occurs, the governing body of the [municipality which has
the power of appointment] authority shall appoint a
member of the board [for a term of five years from the
date of expiration of the prior term.] who meets the
residency requirements of the vacancy until the first
Monday of January next succeeding the election at which
the officers are to be elected to fulfill the remainder
of the term.
* * *
(b) [Residency.] Election of board members.--
(1) Except as provided for in subsection (c), the
members of the board, each of whom shall be at least 18 years
of age, a taxpayer in, maintain a business in or be a citizen
of the municipality by which he is appointed or be a taxpayer
in, maintain a business in or be a citizen of a municipality
into which one or more of the projects of the authority
extends or is to extend or to which one or more projects has
been or is to be leased, shall be appointed, their terms
fixed and staggered and vacancies filled pursuant to the
articles of incorporation or the application of membership
under section 5604 (relating to municipalities withdrawing
from and joining in joint authorities). Where two or more
municipalities are members of the authority, they shall be
apportioned pursuant to the articles of incorporation or the
application for membership under section 5604. Except for
special service districts located in whole or in part in
cities of the first class or as provided in paragraph (2), a
majority of an authority's board members shall be citizens
residing in the incorporating municipality or incorporating
municipality or incorporating municipalities of the
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authority.
(2) Each member of the board of a business improvement
district authority that was established by a borough pursuant
to the act of May 2, 1945 (P.L.382, No.164), known as the
Municipality Authorities Act of 1945, on or before the
effective date of this paragraph shall be at least 18 years
of age, a taxpayer in, maintain a business in or be a citizen
of the borough by which that member is appointed.
(3) Elections for authority board members shall be at
the time and place designated by law for the holding of
municipal elections.
(4) Certificates of election of all authority board
members shall be filed with the authority and preserved among
the records of the authority for a period of six years.
(5) (i) Except as provided under subparagraph (ii), an
individual elected to the authority bond shall serve for
the term for which the individual was elected.
(ii) If a vacancy in office occurs, it shall be
filled in the manner provided under this part.
(6) If an elected official of the authority is required
to give a bond for the faithful performance of the elected
official's duties, the authority may pay the premium for the
bond.
(7) (i) The board members of an authority shall be
elected at the appropriate municipal election and take
office on the first Monday of January succeeding the
election.
(ii) The following shall apply:
(A) Except as provided under clause (B) and at
the election under subparagraph (i), if an authority
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is incorporated by one municipality, the following
board members shall be elected to coincide with the
number of board members appointed to authorities
existing on January 1, 2022, under paragraph (8):
(I) Two board members of the authority shall
be elected for terms of two years each.
(II) Two board members of the authority
shall be elected for terms of four years each.
(III) One board member of the authority
shall be elected for a term of six years.
(B) If an authority is incorporated by two or
more municipalities, the board members shall be
divided equally into three classes:
(I) Each board member of Class A shall be
elected for a term of two years.
(II) Each board member of Class B shall be
elected for a term of four years.
(III) Each board member of Class C shall be
elected for a term of six years.
(8) Biennially, at the municipal election, a sufficient
number of board members of an authority shall be elected to
fill the places of board members whose terms shall, under
this part, expire on the first Monday of January following
the election. Members elected under this paragraph shall
serve for a term of six years from the first Monday of
January succeeding the municipal election.
(9) If an additional municipality joins the authority,
the election of that municipality's board members shall be in
a manner as not to interfere with the terms of those
previously elected.
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(10) If a vacancy is created in the office of a board
member of the authority, it may be filled by nomination made
by the committee as is authorized by the rules of the party
to make nominations in the event of vacancies on the party
ticket.
(11) A board member of an authority may not at the same
time hold any other elective office. A board member of an
authority may hold an appointed position within the board
member's home municipality as long as the appointed position
is not prohibited under this title or any other statute.
(c) Grade crossings.--If the authority is created for the
purpose of eliminating grade crossings, the members of the
board, the majority of whom shall be citizens at least 18 years
of age of the municipality by which they are [appointed] elected
or of a municipality into which one or more of the projects of
the authority extends or is to extend or to which one or more of
the projects has been or is to be leased, shall be [appointed]
elected, their terms fixed and staggered and vacancies filled
pursuant to the articles of incorporation or the application of
membership under section 5604. Where two or more municipalities
are members of the authority, they shall be apportioned pursuant
to the articles of incorporation or the application for
membership under section 5604.
(d) Successor.--Members shall hold office until their
successors have been [appointed] elected and may succeed
themselves and, except members of the boards of authorities
organized or created by a school district, shall receive such
salaries as may be determined by the governing body of the
municipality[,] at the time of incorporation. Thereafter, the
governing body of the authority may determine their salaries if
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one was originally determined by the governing body of the
incorporating municipality, but no salaries shall be increased
or diminished by a governing body during the term for which the
member shall have been [appointed] elected. Members of the board
of any authority organized or created by a school district shall
receive no compensation for their services. [A member may be
removed for cause by the court of common pleas of the county in
which the authority is located after having been provided with a
copy of the charges against him for at least ten days and after
having been provided a full hearing by the court.] If a vacancy
shall occur by reason of the death, disqualification,
resignation or removal of a member, the municipal authorities
shall appoint a successor to fill his unexpired term. In joint
authorities such vacancies shall be filled by the municipal
authorities of the municipality in the representation of which
the vacancy occurs. If any municipality withdraws from a joint
authority, the term of any member appointed from the
municipality shall immediately terminate.
* * *
[(f) Removal.--Unless excused by the board, a member of a
board who fails to attend three consecutive meetings of the
board may be removed by the appointing municipality up to 60
days after the date of the third meeting of the board which the
member failed to attend.]
* * *
Section 3. This act shall take effect January 1, 2022.
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