PRINTER'S NO. 1393
No. 1024 Session of 2005
INTRODUCED BY EARLL, PILEGGI, PICCOLA, WAUGH, D. WHITE, M. WHITE, WOZNIAK AND BOSCOLA, NOVEMBER 23, 2005
REFERRED TO LOCAL GOVERNMENT, NOVEMBER 23, 2005
AN ACT 1 Amending Title 53 (Municipalities Generally) of the Pennsylvania 2 Consolidated Statutes, further providing, in consolidation 3 and merger of municipalities, for initiative of electors with 4 new home rule charter. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Section 735.1(a) and (g)(1) of Title 53 of the 8 Pennsylvania Consolidated Statutes are amended to read: 9 § 735.1. Initiative of electors seeking consolidation or merger 10 with new home rule charter. 11 (a) General rule.--In order for a commission and 12 consolidation or merger proceedings to be initiated by petition 13 of electors, petitions containing signatures of at least 5% of 14 the aggregate number of electors voting for the office of 15 Governor in the last gubernatorial general election in [each 16 municipality] the municipalities proposed to be consolidated or 17 merged shall be filed with the county board of elections of the 18 county in which the municipality, or the greater portion of its
1 territory, is located. 2 * * * 3 (g) Results of election.-- 4 (1) The result of the votes cast for and against the 5 question as to the election of a commission and consolidation 6 and merger proceedings shall be returned by the election 7 officers, and a canvass of the election had, as is provided 8 by law in the case of other public questions put to the 9 electors. The votes cast for members of the commission shall 10 be counted and the result returned by the county board of 11 electors of the county in which the municipality, or the 12 greater portion of its territory, is located, and a canvass 13 of the election had, as is provided by law in the case of 14 election of members of municipal councils or boards. The 15 designated number of candidates receiving the greatest number 16 of votes shall be elected and shall constitute the 17 commission. If [a] an aggregate majority of those voting on 18 the question in the municipalities vote against the election 19 of the commission, none of the candidates shall be elected. 20 If two or more candidates for the last seat shall be equal in 21 number of votes, they shall draw lots to determine which one 22 shall be elected. 23 * * * 24 Section 2. This act shall take effect in 60 days. J3L53DMS/20050S1024B1393 - 2 -