| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 2107, 2204, 2257 | PRINTER'S NO. 2262 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EICHELBERGER, MUSTO, M. WHITE, WOZNIAK, MENSCH, PICCOLA, FOLMER, ALLOWAY, WARD, D. WHITE, EARLL, WAUGH, BRUBAKER, ARGALL AND BOSCOLA, JUNE 28, 2010 |
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| AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 6, 2010 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, further providing for consolidations |
3 | and mergers. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 732, 733, 734, 735, 735.1 and 737 of | <-- |
7 | Title 53 of the Pennsylvania Consolidated Statutes are amended |
8 | to read: |
9 | § 732. Definitions. | <-- |
10 | The following words and phrases when used in this subchapter |
11 | shall have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Commission." A board of members elected under the |
14 | provisions of section 735.1 (relating to initiative of electors |
15 | seeking consolidation or merger with new home rule charter) to |
16 | consider the advisability of the adoption of a new home rule |
17 | charter for the proposed consolidated or merged municipality |
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1 | and, if advisable, to draft and recommend a new home rule |
2 | charter to the electorate. |
3 | "Consolidated or merged municipality." A municipal entity |
4 | resulting from successful consolidation or merger proceedings |
5 | under this subchapter. |
6 | "Consolidation." The combination of two or more |
7 | municipalities which results in the termination of the existence |
8 | of each of the municipalities to be consolidated and the |
9 | creation of a new municipality which assumes jurisdiction over |
10 | all of the municipalities which have been terminated. |
11 | "Contiguous territory." A territory of which a portion abuts |
12 | the boundary of another municipality, including territory |
13 | separated from the exact boundary of another municipality by a |
14 | street, road, railroad or highway or by a river or other natural |
15 | or artificial stream of water. |
16 | "Election officials." The county boards of election. |
17 | "Electors." The registered voters of a municipality involved |
18 | in proceedings relating to the adoption and repeal of optional |
19 | forms of government. |
20 | "Governing body." The council in cities, boroughs and |
21 | incorporated towns; the board of commissioners in counties of |
22 | the third, fourth, fifth, sixth, seventh and eighth classes and |
23 | townships of the first class; the board of supervisors in |
24 | townships of the second class; or the legislative policymaking |
25 | body in home rule municipalities. |
26 | "Initiative." The filing with applicable election officials |
27 | of a petition containing a proposal for a referendum to be |
28 | placed on the ballot of the next election. The petition shall |
29 | be: |
30 | (1) Filed not later than the 13th Tuesday prior to the |
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1 | next election in which it will appear on the ballot. |
2 | (2) Signed by voters comprising 5% of the number of |
3 | electors voting for the office of Governor in the last |
4 | gubernatorial general election in the municipality where the |
5 | proposal will appear on the ballot. |
6 | (3) Placed on the ballot by election officials in a |
7 | manner fairly representing the content of the petition for |
8 | decision by referendum at the election. |
9 | (4) Submitted not more than once in five years. |
10 | "Merger." The combination of two or more municipalities |
11 | which results in the termination of the existence of all but one |
12 | of the municipalities to be merged with the surviving |
13 | municipality absorbing and assuming jurisdiction over the |
14 | municipalities which have been terminated. |
15 | "Municipality." Every county other than a county of the |
16 | first class, second class and second class A, every city other |
17 | than a city of the first or second class, and every borough, |
18 | incorporated town, township and home rule municipality other |
19 | than a home rule municipality which would otherwise be a city of |
20 | the first or second class. |
21 | "New home rule charter." A written document that defines the |
22 | powers, structure, privileges, rights and duties of the proposed |
23 | consolidated or merged municipality, the limitations thereon and |
24 | that provides for the composition and election of the governing |
25 | body chosen by popular elections. |
26 | "Referendum." A vote seeking approval by a majority of |
27 | electors voting on a question of consolidation or merger placed |
28 | on the ballot by initiative or otherwise. |
29 | § 733. Procedure for consolidation or merger. |
30 | (a) General rule.--Two or more municipalities may be |
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1 | consolidated or merged into a single municipality, whether |
2 | within the same or different counties, if each of the |
3 | municipalities is contiguous to at least one of the other |
4 | consolidating or merging municipalities and if together the |
5 | municipalities would form a consolidated or merged municipality. |
6 | Consolidation or merger may be commenced by one of the |
7 | following: |
8 | (1) Joint agreement of the governing bodies of the |
9 | municipalities proposed for consolidation or merger approved |
10 | by ordinance followed by approval by the electorate of the |
11 | joint agreement. |
12 | (2) Initiative of electors. |
13 | (3) One or more of the municipalities using a joint |
14 | agreement followed by approval by the electorate of the joint |
15 | agreement and one or more of the municipalities using |
16 | initiative of electors. |
17 | (b) Combination of joint agreement and initiative.--When |
18 | consolidation or merger is commenced by a combination of joint |
19 | agreements and initiatives, the initiative petition and |
20 | municipal joint agreement shall be materially consistent. |
21 | (c) Approval of home rule charter or optional plan.--At the |
22 | same time that voters approve or disapprove the consolidation or |
23 | merger of two or more municipalities, voters may approve or |
24 | disapprove a new home rule charter or an optional plan under |
25 | Subpart E of Part III (relating to home rule and optional plan |
26 | government) that will govern the newly formed municipality |
27 | resulting from the merger or consolidation. The same ballot may |
28 | contain a question to consolidate or merge two or more |
29 | municipalities and a question to adopt a home rule charter or an |
30 | optional plan. |
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1 | (d) Study of home rule charter or optional plan.--Except as | <-- |
2 | provided in sections 734 (relating to joint agreement of |
3 | governing bodies) and 735.1 (relating to initiative of electors |
4 | seeking consolidation or merger with new home rule charter), the |
5 | procedure provided for in subsection (c) shall not be utilized |
6 | unless the same home rule charter or optional plan has been |
7 | recommended by a government study commission elected in |
8 | accordance with Ch. 29 Subch. B (relating to procedure for |
9 | adoption of home rule charter or optional plan of government) in |
10 | each of the municipalities to be merged or consolidated. |
11 | Notwithstanding any limitations on the powers and duties of |
12 | government study commissions provided in Ch. 29 Subch. B, the |
13 | commissions may study and recommend a home rule charter or |
14 | optional plan that would be adopted by the consolidated or |
15 | merged municipalities concurrently with the study of the issue |
16 | of consolidation or merger of the municipalities. |
17 | § 734. Joint agreement of governing bodies. |
18 | (a) General rule.--The governing body of each municipality |
19 | proposed to be consolidated or merged shall enter into a joint |
20 | agreement under the official seal of each municipality to |
21 | consolidate or merge into one municipality. |
22 | (b) Elements.--The joint agreement shall include, but not be |
23 | limited to: |
24 | (1) The name of each municipality that is a party to the |
25 | agreement. |
26 | (2) The name and the territorial boundaries of the |
27 | consolidated or merged municipality. |
28 | (3) The type and class of the consolidated or merged |
29 | municipality. |
30 | (4) Whether a consolidated or merged municipality shall |
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1 | be governed solely by the code and other general laws |
2 | applicable to the kind and class of the consolidated or |
3 | merged municipality; whether it shall be governed by a home |
4 | rule charter or optional plan of government previously |
5 | adopted pursuant to [the act of April 13, 1972 (P.L.184, |
6 | No.62), known as the Home Rule Charter and Optional Plans |
7 | Law, or] Subpart E of Part III (relating to home rule and |
8 | optional plan government), by one of the municipalities to be |
9 | consolidated or merged; or whether it shall be governed by a |
10 | home rule charter or optional plan of government that has not |
11 | been previously adopted in accordance with [the Home Rule |
12 | Charter and Optional Plans Law or] Subpart E of Part III by |
13 | any of the municipalities to be consolidated or merged, but |
14 | which, in the case of an optional plan of government, has |
15 | been selected and approved by the governing body of each of |
16 | the municipalities to be consolidated or merged from among |
17 | the options provided for in Subpart E of Part III or, in the |
18 | case of a home rule charter, has been formulated and approved |
19 | by the governing body of each of the municipalities to be |
20 | consolidated or merged; provided, however, that nothing in |
21 | this subchapter shall be construed as authorizing a |
22 | municipality adopting a home rule charter or optional plan of |
23 | government pursuant to this subchapter to exercise powers not |
24 | granted to a municipality adopting a home rule charter or an |
25 | optional plan of government pursuant to Subpart E of Part |
26 | III. |
27 | (5) The number of districts or wards, if any, into which |
28 | the consolidated or merged municipality will be divided for |
29 | the purpose of electing all or some members of its governing |
30 | body, and the boundaries of wards or districts shall be |
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1 | established to achieve substantially equal representation. |
2 | (6) In the case of a merger, where the surviving |
3 | municipality is a city which had previously adopted an |
4 | optional charter pursuant to the act of July 15, 1957 |
5 | (P.L.901, No.399), known as the Optional Third Class City |
6 | Charter Law, whether the resulting merged municipality will |
7 | continue to operate under the optional charter. |
8 | (7) Terms for: |
9 | (i) The disposition of existing assets of each |
10 | municipality. |
11 | (ii) The liquidation of existing indebtedness of |
12 | each municipality. |
13 | (iii) The assumption, assignment or disposition of |
14 | existing liabilities of each municipality, either |
15 | jointly, separately or in certain defined proportions, by |
16 | separate rates of taxation within each of the constituent |
17 | municipalities until consolidation or merger becomes |
18 | effective pursuant to section 738 (relating to |
19 | effectuation of consolidation or merger). |
20 | (iv) The implementation of a legally consistent |
21 | uniform tax system throughout the consolidated or merged |
22 | municipality which provides the revenue necessary to fund |
23 | required municipal services. |
24 | (8) The governmental organization of the consolidated or |
25 | merged municipality insofar as it concerns elected officers. |
26 | (9) A transitional plan and schedule applicable to |
27 | elected officers. |
28 | (10) The common administration and enforcement of |
29 | ordinances enforced uniformly within the consolidated or |
30 | merged municipality. |
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1 | (c) Transitional planning committee.--In preparing and |
2 | adopting a joint agreement, the governing bodies of the |
3 | municipalities may appoint a transitional planning committee |
4 | composed of residents of the respective municipalities, | <-- |
5 | including not more than one of whom may be a member of the |
6 | governing body of each municipality, to study and make |
7 | recommendations to the governing bodies regarding transitional |
8 | plans and schedules, common administration and uniform |
9 | enforcement of ordinances, consolidation and merger of |
10 | departments and staff and other matters of concern to the |
11 | governing bodies. The transitional planning committee, if |
12 | created, shall continue for a maximum of six months after the |
13 | effective date of the consolidation or merger to advise the new |
14 | governing body of the consolidated or merged municipality on |
15 | merging budgets, staffing and operations. |
16 | § 735. Initiative of electors seeking consolidation or merger |
17 | without new home rule charter. |
18 | (a) General rule.--In order for consolidation or merger |
19 | proceedings to be initiated by petition of electors, petitions |
20 | containing signatures of at least 5% of the number of electors |
21 | voting for the office of Governor in the last gubernatorial |
22 | general election in each municipality proposed to be |
23 | consolidated or merged shall be filed with the county board of |
24 | elections of the county in which the municipality, or the |
25 | greater portion of its territory, is located. |
26 | (b) Notice to governing bodies affected.--When election |
27 | officials find that a petition is in proper order, they shall |
28 | send copies of the initiative petition without the signatures |
29 | thereon to the governing bodies of each of the municipalities |
30 | and school districts affected by the proposed consolidation or | <-- |
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1 | merger. |
2 | (c) Contents.--A petition shall set forth: |
3 | (1) The name of the municipality from which the signers |
4 | of the petition were obtained. |
5 | (2) The names of the municipalities proposed to be |
6 | consolidated or merged. |
7 | (3) The name of the consolidated or merged municipality. |
8 | (4) The type and class of the consolidated or merged |
9 | municipality. |
10 | (5) Whether a consolidated or merged municipality shall |
11 | be governed solely by the code and other general laws |
12 | applicable to the kind and class of the consolidated or |
13 | merged municipality; whether it shall be governed by a home |
14 | rule charter or optional plan of government previously |
15 | adopted pursuant to [the act of April 13, 1972 (P.L.184, |
16 | No.62), known as the Home Rule Charter and Optional Plans |
17 | Law, or] Subpart E of Part III (relating to home rule and |
18 | optional plan government), by one of the municipalities to be |
19 | consolidated or merged; or whether it shall be governed by an |
20 | optional plan of government that has not been previously |
21 | adopted in accordance with [the Home Rule Charter and |
22 | Optional Plans Law or] Subpart E of Part III by any of the |
23 | municipalities to be consolidated or merged, but which has |
24 | been selected from among the options provided for in Subpart |
25 | E of Part III and is identified in the petition; provided, |
26 | however, that nothing in this subchapter shall be construed |
27 | as authorizing a municipality adopting an optional plan of |
28 | government pursuant to this subchapter to exercise powers not |
29 | granted to a municipality adopting an optional plan of |
30 | government pursuant to Subpart E of Part III. |
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1 | (6) In the case of a merger, where the surviving |
2 | municipality is a city which had previously adopted an |
3 | optional charter pursuant to the act of July 15, 1957 |
4 | (P.L.901, No.399), known as the Optional Third Class City |
5 | Charter Law, whether the resulting merged municipality will |
6 | continue to operate under the optional charter. |
7 | (7) The number of districts or wards, if any, into which |
8 | the consolidated or merged municipality will be divided for |
9 | the purpose of electing all or some members of its governing |
10 | body. |
11 | (d) Filing of petition.--The consolidation or merger |
12 | petition shall be filed with the election officials not later |
13 | than the 13th Tuesday prior to the next primary, municipal or |
14 | general election. The petition and proceedings on the petition |
15 | shall be conducted in the manner and subject to the provisions |
16 | of the election laws which relate to the signing, filing and |
17 | adjudication of nomination petitions insofar as the provisions |
18 | are applicable, except that no referendum petition shall be |
19 | signed or circulated prior to the 20th Tuesday before the |
20 | election, nor later than the 13th Tuesday before the election. |
21 | § 735.1. Initiative of electors seeking consolidation or merger |
22 | with new home rule charter. |
23 | (a) General rule.--In order for a commission and |
24 | consolidation or merger proceedings to be initiated by petition |
25 | of electors, petitions containing signatures of at least 5% of |
26 | the number of electors voting for the office of Governor in the |
27 | last gubernatorial general election in each municipality |
28 | proposed to be consolidated or merged shall be filed with the |
29 | county board of elections of the county in which the |
30 | municipality, or the greater portion of its territory, is |
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1 | located. |
2 | (b) Notice to governing bodies affected.--When election |
3 | officials find that a petition is in proper order, they shall |
4 | send copies of the initiative petition without the signatures |
5 | thereon to the governing bodies of each of the municipalities |
6 | affected by the proposed consolidation or merger. |
7 | (c) Contents.--A petition shall set forth: |
8 | (1) The name of the municipality from which the signers |
9 | of the petition were obtained. |
10 | (2) The names of the municipalities proposed to be |
11 | consolidated or merged. |
12 | (3) The number of persons to compose the commission. |
13 | (4) The petition question which shall read as follows: |
14 | Shall a Government Study Commission of (seven, nine |
15 | or eleven) members be elected to study the issue of |
16 | consolidation or merger of (municipalities to be |
17 | consolidated or merged); to provide a recommendation |
18 | on consolidation or merger; to consider the |
19 | advisability of the adoption of a new home rule |
20 | charter; and to draft a new home rule charter, if |
21 | recommended in the report of the commission? |
22 | (d) Filing of petition and duty of election board.-- |
23 | (1) A commission and consolidation or merger proceedings |
24 | petition under this section shall be filed with the election |
25 | officials not later than the 13th Tuesday prior to the next |
26 | primary, municipal or general election. |
27 | (2) The petition and proceedings on the petition shall |
28 | be conducted in the manner and subject to the provisions of |
29 | the election laws which relate to the signing, filing and |
30 | adjudication of nomination petitions insofar as the |
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1 | provisions are applicable, except that no referendum petition |
2 | shall be signed or circulated prior to the 20th Tuesday |
3 | before the election, nor later than the 13th Tuesday before |
4 | the election. |
5 | (3) At the next general, municipal or primary election |
6 | occurring not less than the 13th Tuesday after the filing of |
7 | the petition with the county board of elections, it shall |
8 | cause the appropriate question to be submitted to the |
9 | electors of each of the municipalities proposed to be |
10 | consolidated or merged in the same manner as other questions |
11 | are submitted under the act of June 3, 1937 (P.L.1333, |
12 | No.320), known as the Pennsylvania Election Code. |
13 | (e) Election of members of commission.-- |
14 | (1) A commission of seven, nine or eleven members, as |
15 | designated in the question, shall be elected by the qualified |
16 | voters at the same election the question is submitted to the |
17 | electors. |
18 | (2) Each candidate for the office of member of the |
19 | commission shall be nominated and placed upon the ballot |
20 | containing the question in the manner provided by and subject |
21 | to the provisions of the Pennsylvania Election Code, which |
22 | relate to the nomination of a candidate nominated by |
23 | nomination papers filed for other offices elective by the |
24 | voters. Each candidate shall be nominated and listed without |
25 | any political designation or slogan, and no nomination paper |
26 | shall be signed or circulated prior to the 13th Tuesday |
27 | before the election nor later than the tenth Tuesday before |
28 | the election. No signature shall be counted unless it bears a |
29 | date within this period. |
30 | (3) Each elector shall be instructed to vote on the |
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1 | question and, regardless of the manner of his vote on the |
2 | question, to vote for the designated number of members of the |
3 | commission who shall serve if the question is or has been |
4 | determined in the affirmative. |
5 | (4) If an insufficient number of nominating papers is |
6 | filed to fill all of the designated positions on the |
7 | commission, the question of establishing the commission shall |
8 | be placed on the ballot and, unless a sufficient number of |
9 | commission members are elected by receiving at least as many |
10 | votes as signatures are required to file a nominating |
11 | petition, then the question of creating the commission shall |
12 | be deemed to have been rejected. |
13 | (f) Nomination of candidates.-- |
14 | (1) All candidates for a commission shall be electors. |
15 | Each candidate shall be nominated from the area of the |
16 | proposed consolidated or merged municipality by nomination |
17 | papers signed by a number of electors equal at least to 2% of |
18 | the number of electors voting for the office of Governor in |
19 | the last gubernatorial general election in each municipality |
20 | proposed to be consolidated or merged or 200 electors from |
21 | each municipality, whichever is less, and filed with the |
22 | county board of elections of the county in which the |
23 | municipality, or the greater portion of its territory, is |
24 | located not later than the tenth Tuesday prior to the date of |
25 | the election. |
26 | (2) Each nomination paper shall set forth the name, |
27 | place of residence and post office address of the candidate |
28 | thereby nominated, that the nomination is for the office of |
29 | commissioner and that the signers are legally qualified to |
30 | vote for the candidate. An elector may not sign nomination |
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1 | papers for more candidates for the commission than he could |
2 | vote for at the election. Every elector signing a nomination |
3 | paper shall write his place of residence, post office address |
4 | and street number, if any, on the petition. |
5 | (3) Each nomination paper shall, before it may be filed |
6 | with the county board of elections, contain under oath of the |
7 | candidate an acceptance of the nomination in writing, signed |
8 | by the candidate therein nominated, upon or annexed to the |
9 | paper or, if the same person be named in more than one paper, |
10 | upon or annexed to one of the papers. The acceptance shall |
11 | certify that the candidate is an elector, that the nominee |
12 | consents to run as a candidate at the election and that, if |
13 | elected, the candidate agrees to take office and serve. |
14 | (4) Each nomination paper shall be verified by an oath |
15 | of one or more of the signers, taken and subscribed before a |
16 | person qualified under the laws of this Commonwealth to |
17 | administer an oath, to the effect that the paper was signed |
18 | by each of the signers in his proper handwriting, that the |
19 | signers are, to the best knowledge and belief of the affiant, |
20 | electors and that the nomination paper is prepared and filed |
21 | in good faith for the sole purpose of endorsing the person |
22 | named therein for election as stated in the paper. |
23 | (g) Results of election.-- |
24 | (1) The result of the votes cast for and against the |
25 | question as to the election of a commission and consolidation |
26 | and merger proceedings shall be returned by the election |
27 | officers, and a canvass of the election had, as is provided |
28 | by law in the case of other public questions put to the |
29 | electors. The votes cast for members of the commission shall |
30 | be counted and the result returned by the county board of |
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1 | electors of the county in which the municipality, or the |
2 | greater portion of its territory, is located, and a canvass |
3 | of the election had, as is provided by law in the case of |
4 | election of members of municipal councils or boards. The |
5 | designated number of candidates receiving the greatest number |
6 | of votes shall be elected and shall constitute the |
7 | commission. If a majority of those voting on the question |
8 | vote against the election of the commission, none of the |
9 | candidates shall be elected. If two or more candidates for |
10 | the last seat shall be equal in number of votes, they shall |
11 | draw lots to determine which one shall be elected. |
12 | (2) If, in accordance with subsection (e)(4), there has |
13 | been an insufficient number of nominating papers filed to |
14 | fill all of the designated positions on the commission and a |
15 | sufficient number of commission members are not elected by |
16 | receiving at least as many votes as signatures are required |
17 | to file a nominating petition, the question as to the |
18 | election of a commission and consolidation and merger |
19 | proceedings shall be deemed to have been rejected and shall |
20 | fail, and none of the candidates shall be elected. |
21 | (h) Oath of office of members of commission.--[As soon as |
22 | possible and in any event no] |
23 | (1) No later than ten days after its certification of |
24 | election, the members of a commission elected on a countywide |
25 | basis shall, before a judge of the court of common pleas in |
26 | the county where the election was held, make oath to support |
27 | the Constitution of the United States and the Constitution of |
28 | Pennsylvania and to perform the duties of the office with |
29 | fidelity. |
30 | (2) No later than ten days after its certification of |
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1 | election, the members of a commission elected on other than a |
2 | countywide basis shall, before a judge or a [district |
3 | justice] magisterial district judge, make oath to support the |
4 | Constitution of the United States and the Constitution of |
5 | Pennsylvania and to perform the duties of the office with |
6 | fidelity. |
7 | (i) First meeting of commission.-- |
8 | (1) [As soon as possible and in any event no] No later |
9 | than 15 days after its certification of election, a |
10 | commission shall organize and hold its first meeting and |
11 | elect one of its members chairman and another member vice |
12 | chairman, fix its hours and place of meeting and adopt rules |
13 | for the conduct of business it deems necessary and advisable. |
14 | (2) A majority of the members of the commission shall |
15 | constitute a quorum for the transaction of business, but no |
16 | recommendation of the commission shall have any legal effect |
17 | unless adopted by a majority of the whole number of the |
18 | members of the commission. |
19 | (j) Vacancies.--In case of a vacancy in a commission, the |
20 | remaining members of the commission shall fill it by appointing |
21 | thereto some other properly qualified elector. |
22 | (k) Function and duty of commission.-- |
23 | (1) A commission shall study the issue of consolidation |
24 | or merger of the municipalities. |
25 | (2) The commission shall study the advisability of a new |
26 | home rule charter form of government for the proposed |
27 | consolidated or merged municipality and compare it with other |
28 | available forms under the laws of this Commonwealth and |
29 | determine in its judgment which form of government is more |
30 | clearly responsible or accountable to the people and its |
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1 | operation more economical and efficient. |
2 | (3) If a new home rule charter is found to be the most |
3 | advisable form of government for the proposed consolidated or |
4 | merged municipality, the commission shall: |
5 | (i) Draft and recommend to the electorate a new home |
6 | rule charter for the proposed consolidated or merged |
7 | municipality containing a transitional plan and schedule |
8 | applicable to elected officers, provided, however, that |
9 | nothing in this section shall be construed as authorizing |
10 | a consolidated or merged municipality adopting a new home |
11 | rule charter pursuant to this section to exercise powers |
12 | not granted to a municipality adopting a home rule |
13 | charter pursuant to Subpart E of Part III (relating to |
14 | home rule and optional plan government). |
15 | (ii) If the new home rule charter calls for all or |
16 | any part of the governing body of the consolidated or |
17 | merged municipality to be elected on a district or ward |
18 | basis, prepare and set forth as an appendix to the new |
19 | home rule charter: |
20 | (A) The district or ward boundaries established |
21 | to achieve substantially equal representation. |
22 | (B) The district or ward designation by number. |
23 | (C) The number of members of the municipal |
24 | governing body to be elected from each district or |
25 | ward. |
26 | (iii) Prepare and suggest for adoption by the |
27 | governing body of the newly consolidated or merged |
28 | municipality recommendations concerning: |
29 | (A) The disposition of assets that may be |
30 | surplus or unneeded as a result of the consolidation |
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1 | or merger. |
2 | (B) The liquidation, assumption or other |
3 | disposition of existing indebtedness of the |
4 | consolidated or merged municipalities. |
5 | (C) A legally consistent uniform tax system to |
6 | be implemented throughout the consolidated or merged |
7 | municipality which provides the revenue necessary to |
8 | fund required municipal services. |
9 | (D) Ordinances to be uniformly enforced |
10 | throughout the consolidated or merged municipality, |
11 | which may be adopted by the new governing body of the |
12 | consolidated or merged municipality at its |
13 | organizational meeting, provided that codification of |
14 | all ordinances shall be completed as specified in |
15 | section 740 (relating to procedures). |
16 | (l) Compensation, personnel and commission budget.-- |
17 | (1) Members of the commission shall serve without |
18 | compensation but shall be reimbursed by the municipalities |
19 | proposed to be consolidated or merged for their necessary |
20 | expenses incurred in the performance of their duties. |
21 | (2) The commission may appoint one or more consultants |
22 | and clerical and other assistants to serve at the pleasure of |
23 | the commission and may fix reasonable compensation therefor |
24 | to be paid the consultants and clerical and other assistants. |
25 | (3) In accordance with this subsection, the commission |
26 | shall prepare and submit, to the governing body of each of |
27 | the municipalities being considered for consolidation or |
28 | merger, budget estimates of the amount of money necessary to |
29 | meet the expenditures to be incurred by the commission in the |
30 | carrying out of its functions in accordance with this |
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1 | section, including, but not limited to, reasonable |
2 | estimations of the necessary expenses of commission members, |
3 | compensation of consultants, clerical personnel and other |
4 | assistants and other expenditures incident to work of the |
5 | commission. |
6 | (4) The commission shall prepare and submit an initial |
7 | budget submission that estimates expenses for the first nine- |
8 | month phase of the commission's work. The initial budget |
9 | estimate shall be submitted as soon as possible and in any |
10 | event no later than 45 days after the commission's |
11 | certification of election. |
12 | (5) If, during the first nine-month phase of its work, |
13 | the commission elects to prepare and submit a new home rule |
14 | charter for the proposed consolidated or merged municipality, |
15 | a final budget shall be submitted to the governing body of |
16 | each of the municipalities being considered for consolidation |
17 | or merger that estimates expenses to be incurred in the |
18 | completion of the commission's work. |
19 | (6) No later than 15 days after the submission of a |
20 | budget in accordance with paragraphs (4) or (5), a joint |
21 | public hearing of the commission and the governing bodies of |
22 | the municipalities shall be held. The governing bodies of the |
23 | municipalities to be consolidated or merged may, by |
24 | agreement, modify any budget submitted by the commission. A |
25 | governing body of a municipality to be consolidated or merged |
26 | may approve appropriations to the commission in conformity |
27 | with its share of the modified budget as determined in |
28 | accordance with paragraph (7). Any unreasonable modification |
29 | of the budget may be subject to an action as provided in |
30 | paragraph (8) in the court of common pleas of any county |
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1 | wherein a municipality to be consolidated or merged lies. |
2 | (7) The municipalities to be consolidated or merged may, |
3 | by agreement, determine the share that each municipality |
4 | shall appropriate to fund the estimated budget of the |
5 | commission. If no agreement as to the respective amount that |
6 | each municipality shall appropriate is reached, each |
7 | municipality shall appropriate funds equal to its pro rata |
8 | share of the total estimated budget of the commission based |
9 | upon its share of population to the total population of the |
10 | municipalities to be consolidated or merged. |
11 | (8) The commission may bring an action in the court of |
12 | common pleas of the county where a municipality is located |
13 | requesting that the court determine whether the municipality |
14 | has failed to reasonably modify an estimated budget or to |
15 | appropriate moneys in accordance with this subsection. The |
16 | court may provide appropriate relief, including, but not |
17 | limited to, ordering appropriation of funds in accordance |
18 | with the budget: |
19 | (i) as submitted by the commission or as modified by |
20 | the municipalities; or |
21 | (ii) as modified by the court. |
22 | (9) In all cases, the costs and fees of any action |
23 | brought by the commission under this subsection shall be paid |
24 | by the municipality or municipalities named as defendants. |
25 | (10) A municipality shall be entitled to a proportionate |
26 | reimbursement or offset of its share of the budget by any |
27 | publicly or privately contributed funds or services made |
28 | available to the commission. |
29 | (m) Hearings and public forums.--A commission shall hold one |
30 | or more public hearings and sponsor public forums and generally |
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1 | shall provide for the widest possible public information and |
2 | discussion respecting the purposes and progress of its work. |
3 | (n) Report of findings and recommendations.-- |
4 | (1) A commission shall report its findings and |
5 | recommendations to the citizens of the proposed consolidated |
6 | or merged municipalities within nine months from the date of |
7 | its election, except that it shall be permitted an additional |
8 | nine months if it elects to prepare and submit a proposed new |
9 | home rule charter and an additional two months if it chooses |
10 | to provide for the election of its governing body by |
11 | districts. It shall publish or cause to be published |
12 | sufficient copies of its final report for public study and |
13 | information and shall deliver to the municipal clerk or |
14 | secretary of each municipality proposed to be consolidated or |
15 | merged sufficient copies of the report to supply it to any |
16 | interested citizen upon request. If the commission recommends |
17 | the adoption of a new home rule charter, the report shall |
18 | contain the complete plan as recommended. |
19 | (2) There shall be attached to each copy of the report |
20 | of the commission, as a part thereof, a statement sworn to by |
21 | the members of the commission listing in detail the funds, |
22 | goods, materials and services, both public and private, used |
23 | by the commission in the performance of its work and the |
24 | preparation and filing of the report and identifying |
25 | specifically the supplier of each item thereon. |
26 | (3) A copy of the final report of the commission with |
27 | its findings and recommendations shall be filed with the |
28 | Department of Community and Economic Development. |
29 | (4) All the records, reports, tapes, minutes of meetings |
30 | and written discussions of the commission shall, upon its |
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1 | discharge, be turned over to the municipal clerk or secretary |
2 | of each municipality proposed to be consolidated or merged |
3 | for permanent safekeeping and made available for public |
4 | inspection at any time during regular business hours. |
5 | (o) Discharge of petition and amended reports.-- |
6 | (1) A commission shall be discharged upon the filing of |
7 | its report, but, if the commission's recommendations require |
8 | further procedure in the form of a referendum on the part of |
9 | the electors, the commission shall not be discharged until |
10 | the procedure has been concluded. At any time prior to 60 |
11 | days before the date of the referendum, the commission may |
12 | modify or change any recommendation set forth in the final |
13 | report by publishing an amended report. |
14 | (2) Whenever the commission issues an amended report |
15 | pursuant to paragraph (1), the amended report shall supersede |
16 | the final report, and the final report shall cease to have |
17 | any legal effect. |
18 | (3) The procedure to be taken under the amended report |
19 | shall be governed by the provisions of this subpart |
20 | applicable to the final report of the commission submitted |
21 | pursuant to subsection (n). |
22 | (p) Types of action recommended.--A commission shall report |
23 | and recommend in accordance with this section: |
24 | (1) That a referendum shall be held that submits to the |
25 | electors the question of consolidating or merging the named |
26 | municipalities under a new home rule charter as prepared by |
27 | the commission. |
28 | (2) That no referendum shall be held because |
29 | consolidation or merger of the named municipalities under a |
30 | new home rule charter is not recommended by the commission. |
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1 | (3) That the named municipalities consider such other |
2 | action as the commission recommends and deems advisable |
3 | consistent with its functions as set forth in this section. |
4 | (q) Specificity of recommendations.-- |
5 | (1) If a commission recommends the adoption of a new |
6 | home rule charter, it shall specify the number of members to |
7 | be on the governing body, all offices to be filled by |
8 | election and whether elections shall be on an at-large, |
9 | district or combination district and at-large basis. |
10 | (2) Notwithstanding any other provisions of this |
11 | subpart, if an approved new home rule charter adopted |
12 | pursuant to the provisions of this subpart specifies that the |
13 | election of the governing body should be on an at-large, |
14 | district or combination district and at-large basis and the |
15 | basis recommended differs from the existing basis and |
16 | therefore requires the elimination of districts or the |
17 | establishment of revised or new districts, then election of |
18 | municipal officials shall not take place on the new basis |
19 | until the municipal election following the next primary |
20 | election taking place more than 180 days after the election |
21 | at which the referendum on the question of a consolidation or |
22 | merger and new home rule charter has been approved by the |
23 | electorate. The consolidation or merger and new home rule |
24 | charter shall not go into effect until the first Monday in |
25 | January following the election of municipal officials on the |
26 | new basis as provided in section 738 (relating to |
27 | effectuation of consolidation or merger). New or revised |
28 | districts shall be established by the commission and included |
29 | in the proposed charter. |
30 | (r) Form of question on consolidation or merger and new home |
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1 | rule charter.--If a commission recommends consolidation or |
2 | merger and the adoption of a new home rule charter for the |
3 | municipalities to be consolidated or merged, the question to be |
4 | submitted to the voters for the adoption of consolidation or |
5 | merger and a new home rule charter shall be submitted in the |
6 | following form or such part as shall be applicable: |
7 | Shall the municipalities of (insert names of municipalities |
8 | consolidating or merging) be (insert consolidated or merged) |
9 | to become (insert name of new municipality, type and class of |
10 | municipality) under a new home rule charter contained in the |
11 | report, dated (insert date), of the commission? |
12 | (s) Submission of question on consolidation or merger and |
13 | new home rule charter.--If a commission recommends that the |
14 | question of adopting consolidation or merger and a new home rule |
15 | charter authorized by this subpart should be submitted to the |
16 | electors, the municipal clerk or secretary of each municipality |
17 | proposed to be consolidated or merged shall, within five days |
18 | thereafter, certify a copy of the commission's report to the |
19 | county board of elections of the county in which the |
20 | municipality, or the greater portion of its territory, is |
21 | located, which shall cause the question of adoption or rejection |
22 | to be placed upon the ballot or voting machines at the time as |
23 | the commission specifies in its report. The commission may cause |
24 | the question to be submitted to the electors at the next |
25 | primary, municipal or general election occurring not less than |
26 | 60 days following the filing of a copy of the commission's |
27 | report with the county board of elections, at the time the |
28 | commission's report directs. At the election, the question of |
29 | adopting consolidation or merger and a new home rule charter |
30 | recommended by the commission shall be submitted to the electors |
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1 | by the county board of elections in the same manner as other |
2 | questions are submitted to the electors under the Pennsylvania |
3 | Election Code. The commission shall frame the question to be |
4 | placed upon the ballot as provided for in subsection (r) and, if |
5 | it deems appropriate, an interpretative statement to accompany |
6 | the question. |
7 | (t) Amendment of new home rule charter.--The procedure for |
8 | amending the new home rule charter of the consolidated or merged |
9 | municipality created under this subpart shall be through the |
10 | initiative procedure and referendum or ordinance of the |
11 | governing body as provided for in Subchapter C of Chapter 29 |
12 | (relating to amendment of existing charter or optional plan). |
13 | (u) General powers and limitation of consolidated or merged |
14 | municipality under new home rule charter.--Nothing in this |
15 | section shall be construed as authorizing a consolidated or |
16 | merged municipality adopting a new home rule charter to exercise |
17 | powers not granted to a municipality adopting a home rule |
18 | charter pursuant to Subpart E of Part III. |
19 | [(v) Definition.--As used in this section, the term |
20 | "municipality" shall not include a county of any class.] |
21 | § 737. Consolidation or merger agreement. |
22 | (a) Form.--Upon favorable action by the electorate on |
23 | consolidation or merger, in cases where consolidation or merger |
24 | was initiated by petition of electors under section 735 |
25 | (relating to initiative of electors seeking consolidation or |
26 | merger without new home rule charter), the governing bodies of |
27 | the municipalities to be consolidated or merged shall meet |
28 | [within 60 days] as deemed necessary after the certification of |
29 | the favorable vote and shall within [a reasonable time] one year |
30 | after certification [make] enter into a consolidation or merger |
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1 | agreement as follows: |
2 | (1) If the governing body, or part of the governing |
3 | body, of the consolidated or merged municipality is to be |
4 | elected on a district or ward basis, the agreement shall set |
5 | forth the district or ward boundaries and the district or |
6 | ward designation, by number, and the number of members of the |
7 | municipal governing body to be elected from each district or |
8 | ward. The boundaries of the districts or wards shall be |
9 | established to achieve substantially equal representation. |
10 | (2) The agreement shall set forth terms for: |
11 | (i) The disposition of the existing assets of each |
12 | municipality. |
13 | (ii) The liquidation of the existing indebtedness of |
14 | each municipality. |
15 | (iii) The assumption, assignment and disposition of |
16 | the existing liabilities of each municipality, either |
17 | jointly, separately or in certain defined proportions, by |
18 | separate rates of taxation within each of the constituent |
19 | municipalities until consolidation or merger becomes |
20 | effective pursuant to section 738 (relating to |
21 | effectuation of consolidation or merger). |
22 | (3) The agreement shall set forth the governmental |
23 | organization of the consolidated or merged municipality |
24 | insofar as it concerns elected officers and shall contain a |
25 | transitional plan and schedule applicable to elected |
26 | officers. |
27 | (4) The agreement shall provide for common |
28 | administration and uniform enforcement of ordinances within |
29 | the consolidated or merged municipality. |
30 | (5) The agreement shall also provide, consistent with |
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1 | existing law, for the implementation of a uniform tax system |
2 | throughout the consolidated or merged municipality which |
3 | shall provide the revenue necessary to fund required |
4 | municipal services. |
5 | (6) The agreement shall mandate full implementation of |
6 | the consolidation or merger plan within four years following |
7 | the date of certification. |
8 | (b) Filing.--[A] Within 30 days following certification of |
9 | electorate approval by the county boards of election, a copy of |
10 | the consolidation or merger agreement under this section or the |
11 | joint agreement under section 734 (relating to joint agreement |
12 | of governing bodies) [after approval by the electorate] shall be |
13 | filed with the Department of Community and Economic Development, |
14 | the Department of Transportation, the Governor's Office of |
15 | Policy Development or its successor, the Department of |
16 | Education, the State Tax Equalization Board and the Legislative |
17 | Data Processing Committee. A copy shall also be filed with the |
18 | court of common pleas and the board of county commissioners of |
19 | the county or counties in which municipalities affected are |
20 | located. |
21 | Section 2. Title 53 is amended by adding a section to read: | <-- |
22 | § 742. Financial assistance. |
23 | (a) Commonwealth Municipalities Consolidation and Merger | <-- |
24 | Program.--There is established within the department a financial |
25 | assistance program to be known as the Commonwealth |
26 | Municipalities Consolidation and Merger Program. The purpose of |
27 | the program will be to provide, under guidelines to be issued by |
28 | the department and from moneys appropriated, from time to time, |
29 | by the General Assembly, loans and grants to municipalities to |
30 | be used for the following: |
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1 | (1) to help defray the costs of study and implementation |
2 | of consolidations and mergers; |
3 | (2) to help defray the costs associated with home rule |
4 | optional form of government commissions; |
5 | (3) to help defray the costs of transitioning to the |
6 | merged or consolidated municipalities; and |
7 | (4) to provide financial support for economic and |
8 | community development assistance in the merged or |
9 | consolidated municipalities. |
10 | (b) Priority under existing programs.--In addition to any |
11 | funding provided under subsection (a), a consolidated or merged |
12 | (a) Priority under existing programs.-- | <-- |
13 | (1) A consolidated or merged municipality shall receive |
14 | priority for economic and community development assistance |
15 | under existing Commonwealth programs for a period not to |
16 | exceed five years from the date of the merger or |
17 | consolidation. |
18 | (1) (2) Funds awarded to a consolidated or merged | <-- |
19 | municipality shall only be released upon concurrence by the |
20 | department that the program to be funded is consistent with |
21 | the implementation of the merger or consolidation initiative. |
22 | (2) (3) Upon receiving the certified copy of the | <-- |
23 | election results, ballot question and transition plan under |
24 | section 737(b) (relating to consolidation of merger |
25 | agreement), the department shall notify all Commonwealth |
26 | agencies of the consolidated or merged municipality's |
27 | eligibility for priority status under this section. |
28 | (3) Nothing in this section shall be construed to alter | <-- |
29 | (b) Construction.--Nothing in this section shall be | <-- |
30 | construed to alter the priority of economic and community |
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1 | development assistance approved and encumbered by any |
2 | Commonwealth agency on the effective date of this section. |
3 | (c) Definition.--As used in this section, "department" shall |
4 | mean the Department of Community and Economic Development of the |
5 | Commonwealth. |
6 | Section 3 2. This act shall take effect in 60 days. | <-- |
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