PRINTER'S NO. 874
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
775
Session of
2023
INTRODUCED BY HUTCHINSON, DUSH, BROWN, KEARNEY AND COMITTA,
JUNE 14, 2023
REFERRED TO LOCAL GOVERNMENT, JUNE 14, 2023
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
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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.
(c) Advance notice.-- Unless prohibited by exigent
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circumstances, the governing body of a municipality shall post
no less than 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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