Regular Session 2021-2022 Senate Bill 1052 P.N. 1715

PRIOR PRINTER'S NO. 1371

PRINTER'S NO. 1715

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1052

Session of

2022

INTRODUCED BY HUTCHINSON, J. WARD, DUSH, SCHWANK AND KEARNEY,

FEBRUARY 3, 2022

SENATOR DUSH, LOCAL GOVERNMENT, AS AMENDED, JUNE 7, 2022

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in general provisions, further

providing for scope of subchapter, providing for definitions,

further providing for establishment and designation,

providing for emergency meetings by authorized

telecommunications device, repealing provisions relating to

exercise of powers and functions, further providing for

declaration of policy and for definitions, repealing

provisions relating to enabling authority for emergency

interim successors for local offices, further providing for

emergency interim successors for local officers and for

succession period and repealing provisions relating to term

and removal of designees.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 1121 of Title 53 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 1121. Scope of subchapter.

This subchapter applies to all [political subdivisions]

municipalities.

Section 2. Title 53 is amended by adding a section to read:

§ 1121.1. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Authorized telecommunications device." The term includes

any device which permits, at a minimum, audio communication

between individuals.

"Emergency." A disaster emergency declared under 35 Pa.C.S.

§ 7301 (relating to general authority of Governor) or 7501

(relating to general authority of political subdivisions) that

directly impacts a municipality's ability to provide services or

hold a regular or special meeting of the governing body of the

municipality.

Section 3. Section 1122 of Title 53 is amended to read:

§ 1122. Establishment and designation.

Whenever, due to an emergency [resulting from the effects of

enemy attack or the anticipated effects of a threatened enemy

attack, it becomes imprudent, inexpedient or impossible to

conduct the affairs of local government at the regular or usual

place, the governing body of each political subdivision of this

Commonwealth may meet at any place within or without the

territorial limits of the political subdivision.] it is unsafe,

hazardous to human health or impossible to conduct a regular or

special meeting at the location where the municipality's

meetings are regularly held, the governing body of each

municipality of this Commonwealth may meet at any place within

the territorial limits of the municipality, within the

territorial limits of an adjacent municipality or another

location as near the municipality as practical. The meeting may

be held on the call of the presiding officer or any two members

of the governing body and shall proceed to establish and

designate, by ordinance, resolution or other manner, alternate

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or substitute sites or places as the emergency temporary

location or locations of government where all or any part of the

public business may be transacted and conducted during the

emergency situation. These sites or places may be within or

without the territorial limits of the [political subdivision]

municipality and may be within or without this Commonwealth.

EXCEPT IN THE CASE WHEN IT IS UNSAFE, HAZARDOUS TO HUMAN HEALTH

OR IMPOSSIBLE, THE GOVERNING BODY SHALL POST INFORMATION ON HOW

TO ACCESS THE MEETING AT THE ENTRANCE OF THE LOCATION WHERE THE

MUNICIPALITY'S MEETINGS ARE REGULARLY HELD.

Section 4. Title 53 is amended by adding a section to read:

§ 1122.1. Emergency meetings by authorized telecommunications

device.

(a) Authorization.--Whenever the governing body of a

municipality is required to establish a quorum of members

physically present to conduct hearings, meetings, proceedings or

other business, the governing body may conduct its business

through the use of an authorized telecommunications device

during an emergency if the conditions that have rendered a

meeting with the physical presence of the participants unsafe,

hazardous to human health or impossible would be alleviated

through the use of an authorized telecommunications device.

(b) Quorum.--Notwithstanding any other provision of law, a

hearing, meeting, proceeding or other business conducted through

an authorized telecommunications device under this subsection

shall not require the physical presence at a meeting location of

a quorum of the participating members if a quorum is otherwise

established by the participating members through the authorized

telecommunications device.

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CIRCUMSTANCES, THE governing body of a municipality shall post

no less than 12 24 hours advance notice of each meeting

conducted under subsection (a) on the entity's publicly

accessible Internet website, if any, or in an advertisement in a

newspaper of general circulation, or both. Public notice shall

include the date, time, technology to be used and public

participation information as provided under subsection (d). The

governing body shall comply with any other notification

requirement of 65 Pa.C.S. Ch. 7 (relating to open meetings) to

the extent practicable. EXCEPT IN THE CASE WHEN IT IS UNSAFE,

HAZARDOUS TO HUMAN HEALTH OR IMPOSSIBLE, THE GOVERNING BODY

SHALL POST INFORMATION ON HOW TO ACCESS THE MEETING UNDER

SUBSECTION (A) AT THE ENTRANCE OF THE LOCATION WHERE THE

MUNICIPALITY'S MEETINGS ARE REGULARLY HELD.

(d) Public participation.--To the extent practicable, the

governing body of a municipality shall allow for public

participation in a meeting, hearing or proceeding through an

authorized telecommunications device.

(e) Extended emergency meeting authorizations prohibited.--

The authorization to conduct meetings by authorized

telecommunications device under this section shall expire after

the 21st consecutive day following the emergency declaration

unless the governing body of the municipality establishes by

resolution that meeting by authorized telecommunications device

is essential to comply with a disaster emergency declaration or

proclamation of the Governor as extended by the General

Assembly.

Section 5. Section 1123 of Title 53 is repealed:

[§ 1123. Exercise of powers and functions.

During the period when the public business is being conducted

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at the emergency temporary location or locations, the governing

body and other officers of a political subdivision of this

Commonwealth shall exercise at the location or locations all of

the executive, legislative and judicial powers and functions

conferred upon the governing body and officers by law. These

powers and functions may be exercised in the light of the

exigencies of the emergency situation without regard to time-

consuming procedures and formalities prescribed by law and

pertaining to them, and all acts of the governing body and

officers shall be as valid and binding as if performed within

the territorial limits of their political subdivision.]

Section 6. Section 1132 of Title 53 is amended to read:

§ 1132. Declaration of policy.

[Because of the existing possibility of attack upon the

United States of unprecedented size and destructiveness and in

order, in the event of such an attack, to] To assure continuity

of government through legally constituted authority and

responsibility in offices of the municipalities of this

Commonwealth, to provide for the effective operation of

government during an emergency and to facilitate the early

resumption of functions temporarily suspended, it is found and

declared to be necessary to provide for emergency interim

succession to offices of the municipalities of this Commonwealth

in the event the incumbents and their deputies authorized to

exercise all of the powers and discharge the duties of these

offices, referred to in this subchapter as deputies, are

unavailable to exercise the powers and perform the duties of

these offices.

Section 7. The definition of "attack" in section 1133 of

Title 53 is amended and the section is amended by adding a

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definition to read:

§ 1133. Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

["Attack." Any attack on the United States which causes or

may cause substantial damage or injury to civilian persons or

property in any manner by sabotage or by the use of bombs,

missiles or shellfire or by atomic, radiological, chemical,

bacteriological or biological means or other weapons or

processes.]

"Emergency." A disaster emergency declared under 35 Pa.C.S.

§ 7301 (relating to general authority of Governor) or 7501

(relating to general authority of political subdivisions).

* * *

Section 8. Section 1134 of Title 53 is repealed:

[§ 1134. Enabling authority for emergency interim successors

for local offices.

With respect to local offices for which the legislative

bodies of municipalities may enact resolutions or ordinances

relative to the manner in which vacancies will be filled or

temporary appointments to office made, the legislative bodies

are authorized to enact resolutions or ordinances providing for

emergency interim successors to offices. The resolutions and

ordinances shall not be inconsistent with this subchapter.]

Section 9. Sections 1135 and 1137 of Title 53 are amended to

read:

§ 1135. Emergency interim successors for local officers.

[This section is applicable to officers of municipalities not

included in section 1134 (relating to enabling authority for

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emergency interim successors for local offices).] Each officer[,

subject to any regulations as the executive head of the

municipality may issue, shall] may designate by title[, if

feasible, or by named person] one or more emergency interim

successors and specify their order of succession. The officer

shall review and revise, as necessary, designations made

pursuant to this subchapter. [The officer will designate a

sufficient number of persons so that there will be not less than

three deputies or emergency interim successors or any

combination of them.] If any officer or deputy of any

municipality is unavailable, the powers of the office shall be

exercised and the duties discharged by his designated emergency

interim successors in the order specified. The emergency interim

successors, in the order specified, shall exercise the powers

and discharge the duties of the office to which designated until

the vacancy is filled in accordance with the Constitution of

Pennsylvania or statutes or until the officer, or his deputy or

a preceding emergency interim successor, ceases to be

unavailable.

§ 1137. Succession period.

Emergency interim successors may exercise the powers and

discharge the duties of an office as authorized in this

subchapter only [after an attack has occurred. The General

Assembly, by concurrent resolution, may terminate the] during an

emergency. The authority of the emergency interim successors to

exercise the powers and discharge the duties of office as

provided under this subchapter shall terminate on the selection,

appointment or election of a permanent successor as required by

law.

Section 10. Section 1138 of Title 53 is repealed:

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[§ 1138. Term and removal of designees.

Until the persons designated as emergency interim successors

are authorized to exercise the powers and discharge the duties

of an office in accordance with this subchapter, including

section 1137 (relating to succession period), these persons may

be removed or replaced by the designating authority at any time,

with or without cause.]

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

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