Pennsylvania HB 1211: An Act amending the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, providing for the voluntary dissolution of the existing form of governance of a municipal corporation located in a county of the second class and the creation of unincorporated districts of counties of the second class; authorizing the county to assume responsibility for the governance of the municipal corporation and delivery of public services to the citizens residing in the municipal corporation through the administration of an unincorporated district; authorizing unincorporated district advisory committees; and making a repeal.

Bill Text

PRINTER'S NO. 1359
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1211
Session of
2025
INTRODUCED BY KINKEAD, MADDEN, GIRAL, HILL-EVANS, SANCHEZ, KHAN,
DEASY AND K.HARRIS, APRIL 15, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 15, 2025
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled
"An act relating to counties of the second class and second
class A; amending, revising, consolidating and changing the
laws relating thereto," providing for the voluntary
dissolution of the existing form of governance of a municipal
corporation located in a county of the second class and the
creation of unincorporated districts of counties of the
second class; authorizing the county to assume responsibility
for the governance of the municipal corporation and delivery
of public services to the citizens residing in the municipal
corporation through the administration of an unincorporated
district; authorizing unincorporated district advisory
committees; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 28, 1953 (P.L.723, No.230), known
as the Second Class County Code, is amended by adding an article
to read:
ARTICLE XXXI-D
CREATION OF UNINCORPORATED DISTRICTS FOR THE
GOVERNANCE OF DISSOLVED MUNICIPAL CORPORATIONS
WITHIN COUNTIES OF THE SECOND CLASS
Section 3101-D. Scope of article.
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This article relates to unincorporated districts of counties
of the second class.
Section 3102-D. Legislative findings.
The General Assembly finds and declares as follows:
(1) While the electors of this Commonwealth have long
had procedures by which to create new municipalities, the
General Assembly may also provide a means whereby electors of
municipalities may unilaterally terminate their municipal
corporations.
(2) The electors residing in a municipal corporation
located in a county of the second class should have the right
to voluntarily dissolve their existing form of government and
transfer all powers, duties and responsibilities for the
governance of the municipal corporation to an unincorporated
district administered by a county of the second class if the
electors believe that the county would be able to provide for
more efficient and effective municipal services.
(3) Article IX of the Constitution of Pennsylvania
authorizes the governing body of a municipality to cooperate,
transfer or delegate any function, power or responsibility by
mutual agreement to another municipality, district or newly
created governmental unit.
(4) The dissolution of the existing form of government
for a municipal corporation and the substitution of an
unincorporated district as a new form of government
administered by the county is authorized by Article IX of the
Constitution of Pennsylvania, which provides broad authority
to the General Assembly to provide for local government.
(5) It is appropriate for an unincorporated district to
transfer administrative functions to the county under section
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5 of Article IX of the Constitution of Pennsylvania, which
provides that a municipality may delegate or transfer any
function, power or responsibility to another municipality,
including a county.
(6) In recognition of the problems faced by certain
municipal corporations located within counties of the second
class and the shared benefits available to other
municipalities, it is appropriate for the General Assembly to
authorize the creation of unincorporated districts within
counties of the second class.
Section 3103-D. Definitions.
The following words and phrases when used in this article
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Administrative code." The ordinance of the county providing
for the administration and operation of the county's government
consistent with the county's home rule charter or a successor
law or ordinance.
"County." A county of the second class in which a municipal
corporation is entirely located.
"County council." The elected legislative body of a county
elected in accordance with the home rule charter or a successor
or successors to the legislative duties and responsibilities of
the elected legislative body.
"County executive." The county executive of a county elected
in accordance with the home rule charter or a successor or
successors to the executive duties and responsibilities of the
county executive.
"County manager." An appointed chief administrative officer
of a county responsible to the county executive for the
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administration of the day-to-day operations and administration
of county government or a successor or successors to the
operational and administrative duties and responsibilities of
the chief adm