AN ACT

 

1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, further providing for initiative of
3electors seeking consolidation or merger with new home rule
4charter.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section <-735.1(c) <-735.1(a), (c), (d)(3), (e)(3), 
8(g)(1) and (l)(6) and (7) of Title 53 of the Pennsylvania 
9Consolidated Statutes are amended and subsection (l) is amended 
10by adding a paragraph to read:

11§ 735.1. Initiative of electors seeking consolidation or merger
12with new home rule charter.

<-13(a) General rule.--In order for a commission and
14consolidation or merger proceedings to be initiated by petition
15of electors, petitions containing signatures of at least 5% of
16the number of electors voting for the office of Governor in the
17last gubernatorial general election in each municipality
18proposed to be consolidated or merged shall be filed with the

1county board of elections of the county in which the
2municipality, or the greater portion of its territory, is
3located. The petition shall set forth:

4(1) The name of the municipality from which the signers
5of the petition were obtained.

6(2) The names of the municipalities proposed to be
7consolidated or merged.

8(3) An estimated cost of the study commission.

9(4) The number of persons to compose the commission.

10(5) The petition question which shall read as follows:

11Shall a Government Study Commission of (seven, nine
12or eleven) members be elected to study the issue of
13consolidation or merger of (municipalities to be
14consolidated or merged); to provide a recommendation
15on consolidation or merger; to consider the
16advisability of the adoption of a new home rule
17charter; and to draft a new home rule charter, if
18recommended in the report of the commission?

19(6) The petition shall also include the following
20statement:

21Only municipalities voting in the affirmative on the
22question will be held responsible for the costs of
23the study commission.

24* * *

<-25[(c) Contents.--A petition shall set forth:

26(1) The name of the municipality from which the signers
27of the petition were obtained.

28(2) The names of the municipalities proposed to be
29consolidated or merged.

<-30(2.1) An estimated cost of the study commission.

1(3) The number of persons to compose the commission.

2(4) The petition question which shall read as follows:

3Shall a Government Study Commission of (seven, nine
4or eleven) members be elected to study the issue of
5consolidation or merger of (municipalities to be
6consolidated or merged); to provide a recommendation
7on consolidation or merger; to consider the
8advisability of the adoption of a new home rule
9charter; and to draft a new home rule charter, if
10recommended in the report of the commission?<-]

<-11(5) The petition shall also include the following
12statement:

13Only municipalities voting in the affirmative on the
14question will be held responsible for the costs of
15the study commission.

16(d) Filing of petition and duty of election board.--

17* * *

18(3) At the next general, municipal or primary election
19occurring not less than the 13th Tuesday after the filing of
20the petition with the county board of elections, it shall
21cause the appropriate question and statement listed under 
<-22subsection (c)(4) and (5) subsection (a)(5) and (6) to be
23submitted to the electors of each of the municipalities
24proposed to be consolidated or merged in the same manner as
25other questions are submitted under the act of June 3, 1937 
26(P.L.1333, No.320), known as the Pennsylvania Election Code.

27(e) Election of members of commission.--

28* * *

29(3) Each elector shall be instructed to vote on the
30question and, regardless of the manner of his vote on the

1question, to vote for the designated number of members of the
2commission who shall serve if the question is or has been
3determined in the affirmative by the majority of the whole of 
4those voting in all the municipalities impacted by the 
5consolidation or merger.

6* * *

7(g) Results of election.--

8(1) The result of the votes cast for and against the
9question as to the election of a commission and consolidation
10and merger proceedings shall be returned by the election
11officers, and a canvass of the election had, as is provided
12by law in the case of other public questions put to the
13electors. The votes cast for members of the commission shall
14be counted and the result returned by the county board of
15electors of the county in which the municipality, or the
16greater portion of its territory, is located, and a canvass
17of the election had, as is provided by law in the case of
18election of members of municipal councils or boards. If a 
19majority of the whole in the municipalities proposed to be 
20consolidated or merged vote in the affirmative on the 
21question, then the commission shall be formed to study the 
22issue of consolidation or merger and to make recommendations 
23as set forth in the question. The designated number of
24candidates receiving the greatest number of votes shall be
25elected and shall constitute the commission. If a majority of
26[those] the whole in the municipalities voting on the
27question vote against the election of the commission, none of
28the candidates shall be elected. If two or more candidates
29for the last seat shall be equal in number of votes, they
30shall draw lots to determine which one shall be elected.

1* * *

2(l) Compensation, personnel and commission budget.--

3* * *

4(6) No later than 15 days after the submission of a
5budget in accordance with paragraphs (4) or (5), a joint
6public hearing of the commission and the governing bodies of
7the municipalities shall be held. The governing bodies of the
8municipalities to be consolidated or merged may, by
9agreement, modify any budget submitted by the commission. A
10governing body of a municipality to be consolidated or merged
11may approve appropriations to the commission in conformity
12with its share of the modified budget as determined in
13accordance with paragraph (7) or (7.1). Any unreasonable
14modification of the budget may be subject to an action as
15provided in paragraph (8) in the court of common pleas of any
16county wherein a municipality to be consolidated or merged
17lies.

18(7) [The] If a majority in each of the municipalities to 
19be consolidated or merged vote in favor of establishing a 
20commission, the municipalities [to be consolidated or merged]
21may, by agreement, determine the share that each municipality
22shall appropriate to fund the estimated budget of the
23commission. If no agreement as to the respective amount that
24each municipality shall appropriate is reached, each
25municipality shall appropriate funds equal to its pro rata
26share of the total estimated budget of the commission based
27upon its share of population to the total population of the
28municipalities to be consolidated or merged.

29(7.1) When a commission is formed to study consolidation 
30or merger by a vote of the whole in the municipalities
 

1considering the question, the municipalities that vote in the 
2affirmative shall be responsible for funding the budget of 
3the commission. Any municipalities that vote in the negative 
4on the question shall not be responsible for the budget costs 
5of the commission.

6* * *

7Section 2. This act shall take effect in 60 days.