Pennsylvania HB 1196: An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in municipal authorities, further providing for method of incorporation, for municipalities withdrawing from and joining in joint authorities, for amendment of articles and for governing body.

Bill Text

PRINTER'S NO. 1345
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1196
Session of
2025
INTRODUCED BY ZIMMERMAN, KRUPA, MOUL AND GILLEN, APRIL 15, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 15, 2025
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for method of incorporation, for municipalities
withdrawing from and joining in joint authorities, for
amendment of articles and for governing body.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5603 and 5604 of Title 53 of the
Pennsylvania Consolidated Statutes are amended by adding
subsections to read:
§ 5603. Method of incorporation.
* * *
(g) Notification of county.--After an authority has received
the certificate of incorporation from the Secretary of the
Commonwealth under subsection (e), the authority shall notify
the county or counties of the incorporating municipalities
within 10 days to prepare for municipal elections.
§ 5604. Municipalities withdrawing from and joining in joint
authorities.
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(f) Notification of county.--
(1) After a municipality receives a certificate of
joinder from the Secretary of the Commonwealth under
subsection (e), the municipality shall notify the county in
which it is located within 10 days in order to prepare for
municipal elections.
(2) After a municipality receives a certificate of
withdrawal from the Secretary of the Commonwealth under
subsection (e), the municipality shall notify the county that
the municipality's elected board members of the authority
will be abolished on the date specified in the certificate of
withdrawal.
Section 2. Sections 5605(a)(4) and 5610(a), (b), (c), (d)
and (f) of Title 53 are amended to read:
§ 5605. Amendment of articles.
(a) Purpose.--An authority may amend its articles for the
following reasons:
* * *
[(4) To increase or decrease the number of members of
the board of the authority, to reapportion the representation
on the board of the authority and to revise the terms of
office of members, all in a manner consistent with the
provisions of section 5610 (relating to governing body).]
* * *
§ 5610. Governing body.
(a) Board.--Except as set forth in subsection (a.1), the
powers of each authority shall be exercised by a board composed
as follows:
(1) (i) If the authority is incorporated by one
municipality, the board shall consist of [a number of]
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five members[, not less than five, as enumerated in the
articles of incorporation]. The governing body of the
municipality shall appoint the members of the board,
whose terms of office shall commence on the effective
date of their appointment[. One member shall serve for
one year, one for two years, one for three years, one for
four years and one for five years commencing with the
first Monday in January next succeeding the date of
incorporation or amendment. If there are more than five
members of the board, their terms shall be staggered in a
similar manner for terms of one to five years from the
first Monday in January next succeeding.] until the first
Monday in January following a municipal election
occurring more than 90 days after the later of the
incorporation of the authority or the effective date of
this subparagraph.
(ii) Thereafter, whenever a vacancy [has occurred by
reason of the expiration of the term of any member]
occurs, the governing body of the authority shall appoint
a member of the board [for a term of five years from the
date of expiration of the prior term to succeed the
member whose term has expired.] who meets the residency
requirements of the vacancy for a term until the first
Monday of January next succeeding the election at which
the officers are to be elected to fulfill the remainder
of the term.
(2) (i) If the authority is incorporated by two or more
municipalities, the board shall consist of a number of
members at least equal to the number of municipalities
incorporating the authority, but in no event less than
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five. [When one or more additional municipalities join an
existing authority, each of the joining municipalities
shall have similar membership on the board as the
municipalities then members of the authority and the
joining municipalities may determine by appropriate
resolutions.] Three board members shall be at-large
members from the entire service area of the authority.
Each municipality in the authority shall have one board
member from the municipality. One at-large board member
shall be in each of the three election classes mentioned
in subsection (b)(7)(ii)(B). The members of the board of
a joint authority shall each be appointed by the
governing body of the incorporating or joining
munic