reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 718 - Effective date of boundary change

§ 718. Effective date of boundary change.
(a) Change by ordinance.--
The change in boundaries under an ordinance shall take effect on January 1 of the year following the date on which all of the documents under section 715(e)(2) (relating to boundary change agreement by abutting municipalities) have been filed, unless:
(1) the filing date is within 60 days prior to the end of a calendar year, in which case the change shall take effect as of January 1 of the second year following the filing date; or
(2) a timely petition is filed under section 715 in which case the petition shall act as a supersedeas and the change in boundaries in all impacted municipalities shall only take effect if the referendum under section 715 passes, where the boundary change shall take effect on January 1 of the year following the referendum.
(b) Change by ascertainment.--
A change of boundaries by judicial ascertainment shall take effect on the effective date of the decree.
(c) Change by referendum.--
In the event of a change of boundary under the provisions of section 8 of Article IX of the Constitution of Pennsylvania by referendum, the change of boundary shall take effect on January 1 of the year following the referendum.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 719 - Notification of boundary change

§ 719. Notification of boundary change.
(a) General rule.--
Within 15 days after a change in boundaries has taken effect, the governing body of a municipality shall file a final report of the boundary change containing the following information with the County Board of Elections, the Department of Community and Economic Development, the Department of Transportation, the Governor's Office of Policy Development or its successor, the Department of Education and the State Tax Equalization Board:
(1) The name of the impacted municipalities.
(2) A land survey showing the courses and distances of the boundary in the impacted territory.
(3) The location of the monuments along the new boundary line.
(4) The total assessed valuation of the impacted territory.
(5) The approximate population of the impacted territory.
(6) The designation, as provided for in section 715(e)(1) (relating to boundary change agreement by abutting municipalities), by which the impacted territory is to be known.
(7) In the case of a boundary change by judicial ascertainment, the decree shall be attached to the report.
(b) Combined notifications authorized.--
All municipalities impacted by a boundary change may jointly provide for a combined final report under subsection (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 720 - Monuments

§ 720. Monuments.
The impacted municipalities shall provide for the placement of monuments, no more than 1,500 feet apart, along the newly established boundary line, other than where a natural line can be described, in a manner adequate that the entire territory in question can be depicted and represented for the future. The coordinates of monuments shall be expressed in terms of the State Plane Coordinate System in effect on the date of the change of boundary.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 721 - Wards

§ 721. Wards.
(a) Increased municipal territory.--
If a municipal corporation gaining territory is divided among wards, the governing body shall, within 30 days after the change in boundaries is effective, provide for the distribution of the gained territory among the wards of the municipal corporation or for the creation of one or more wards out of the gained territory.
(b) Decreased municipal territory.--
If the municipal corporation decreasing territory is divided among wards, the governing body of the municipal corporation shall, within 30 days after the change in boundaries is effective, provide for the alteration of wards among the remaining territory.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 722 - Collection of taxes levied prior to change of boundary and authorized expenditures

§ 722. Collection of taxes levied prior to change of boundary and authorized expenditures.
(a) Taxes.--
All taxes assessed and levied against property in an impacted territory prior to the effective date of the boundary change shall be paid to the municipality which levied the tax, and the collection and enforcement of taxes under this subsection shall be as though the change of boundary had not taken place.
(b) Expenditures.--
A municipality initiating a boundary change by ordinance under this subchapter is authorized to make reasonable expenditures for surveys required to describe the property under consideration or for any other necessary purpose.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 723 - Election districts and officers

§ 723. Election districts and officers.
All election districts in the impacted territory shall remain as constituted prior to the boundary change and shall become election districts of the municipality gaining territory on the change in designation in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code. All election district officers shall continue in office until the expiration of the officer's term, unless the office is vacated.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 724 - Governing body agreements

§ 724. Governing body agreements.
(a) General rule.--
Prior to the effective date of a boundary change, an impacted municipality may execute an agreement fully resolving:
(1) Transfers of any funds and indebtedness related to property within the impacted territory.
(2) The sharing of costs associated with the territorial alteration or clarification.
(3) The sharing or division of any tax or fee revenues associated with property within the impacted territory in the year that a territorial alteration occurs.
(4) A resolution of any matters, rights or other issues incident to the transfer of territory.
(b) Exception.--
In the event that an agreement under this section is incorporated in an ordinance, sections 725 (relating to adjustment of indebtedness), 726 (relating to judicial adjustment award proceedings), 727 (relating to compensation, expenses and costs), 728 (relating to territory located in multiple counties) and 729 (relating to bond issues) shall not apply.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 726 - Judicial adjustment award proceedings

§ 726. Judicial adjustment award proceedings.
(a) Notice.--
The commissioners appointed under section 725(e) (relating to adjustment of indebtedness) shall give the impacted municipalities at least five days' notice of the filing of the report under section 725(f).
(b) Exceptions.--
If exceptions are filed to the report made under section 725(f), the court shall dispose of the exceptions and shall enter its decree confirming or modifying the award.
(c) Confirmation.--
Unless exceptions are filed to the report within 30 days after the date of the filing, the report shall be confirmed by the court and the court shall issue an appropriate order effectuating the report.
Cross References.
Section 726 is referred to in section 724 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 727 - Compensation, expenses and costs

§ 727. Compensation, expenses and costs.
The commissioners appointed under section 725(e) (relating to adjustment of indebtedness) shall receive compensation and expenses for their services as provided by the court. The costs of the proceedings, including the compensation and expenses of the commissioners, shall be apportioned by the court between the impacted municipalities.
Cross References.
Section 727 is referred to in section 724 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 728 - Territory located in multiple counties

§ 728. Territory located in multiple counties.
If the impacted territory is located in two or more counties, Commonwealth Court shall have exclusive jurisdiction over the proceedings to adjust and apportion the property and indebtedness between the municipalities. Notwithstanding the provisions of section 725(e) (relating to adjustment of indebtedness), the court shall appoint three disinterested commissioners who are residents of this Commonwealth but are not residents of, or owners of real estate in, any impacted county.
Cross References.
Section 728 is referred to in sections 724, 725 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 729 - Bond issues

§ 729. Bond issues.
In a proceeding to adjust and apportion indebtedness, a municipality shall have power to issue and deliver interest-bearing bonds in liquidation of the indebtedness ascertained, to be its proportionate share payable, if the bonds are acceptable to the municipality entitled to receive the bonds. The court may make necessary orders for the collection and payment.
Cross References.
Section 729 is referred to in section 724 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 733 - Procedure for consolidation or merger

§ 733. Procedure for consolidation or merger.
(a) General rule.--
Two or more municipalities may be consolidated or merged into a single municipality, whether within the same or different counties, if each of the municipalities is contiguous to at least one of the other consolidating or merging municipalities and if together the municipalities would form a consolidated or merged municipality. Consolidation or merger may be commenced by one of the following:
(1) Joint agreement of the governing bodies of the municipalities proposed for consolidation or merger approved by ordinance followed by approval by the electorate of the joint agreement.
(2) Initiative of electors.
(3) One or more of the municipalities using a joint agreement followed by approval by the electorate of the joint agreement and one or more of the municipalities using initiative of electors.
(b) Combination of joint agreement and initiative.--
When consolidation or merger is commenced by a combination of joint agreements and initiatives, the initiative petition and municipal joint agreement shall be materially consistent.
(c) Approval of home rule charter or optional plan.--
At the same time that voters approve or disapprove the consolidation or merger of two or more municipalities, voters may approve or disapprove a new home rule charter or an optional plan under Subpart E of Part III (relating to home rule and optional plan government) that will govern the newly formed municipality resulting from the merger or consolidation. The same ballot may contain a question to consolidate or merge two or more municipalities and a question to adopt a home rule charter or an optional plan.
(d) Study of home rule charter or optional plan.--
Except as provided in sections 734 (relating to joint agreement of governing bodies) and 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), the procedure provided for in subsection (c) shall not be utilized unless the same home rule charter or optional plan has been recommended by a government study commission elected in accordance with Ch. 29 Subch. B (relating to procedure for adoption of home rule charter or optional plan of government) in each of the municipalities to be merged or consolidated. Notwithstanding any limitations on the powers and duties of government study commissions provided in Ch. 29 Subch. B, the commissions may study and recommend a home rule charter or optional plan that would be adopted by the consolidated or merged municipalities concurrently with the study of the issue of consolidation or merger of the municipalities.
(Oct. 27, 2010, P.L.980, No.102, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 736 - Conduct of referenda

§ 736. Conduct of referenda.
(a) Duty to place on ballot.--
Following initiation of proceedings for consolidation or merger by the procedures set forth either in section 734 (relating to joint agreement of governing bodies) or 735 (relating to initiative of electors seeking consolidation or merger without new home rule charter), the question of consolidation or merger as set forth in the joint agreement or initiative petition shall be placed before the electors of each of the municipalities proposed to be consolidated or merged. A referendum shall be held at the first primary, municipal or general election occurring at least 13 weeks after either:
(1) the date of the general agreement entered into under the provisions of section 734; or
(2) the date of filing of the petition filed under the provisions of section 735.
(a.1) Referenda under section 735.1.--
Referenda authorized under section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter) shall be placed on the ballot in accordance with section 735.1(d)(3) and (s).
(b) Approval.--
Pursuant to sections 734, 735 and 735.1, consolidation or merger shall not be effective unless the referendum question is approved by a majority of the electors voting in each of the municipalities in which the referendum is held. If in any one of the municipalities in which the referendum is held a majority vote in favor of consolidation or merger does not result, the referendum shall fail and consolidation or merger shall not take place. The same question in accordance with sections 734 or 735, or the same question described in the proposal for consolidation or merger with a new home rule charter in accordance with section 735.1, described in the consolidation or merger proposal shall not be voted on again for a period of five years.
(c) Subsequent referenda.--
The five-year moratorium on voting the same consolidation or merger question as provided in subsection (b) shall be deemed not to apply to any subsequent referendum question involving a consolidation or merger of any combination of two or more contiguous municipalities if the referendum question differs or is dissimilar in any way from a previous referendum question which was not approved as provided for in subsection (b).
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
Cross References.
Section 736 is referred to in section 741 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 738 - Effectuation of consolidation or merger

§ 738. Effectuation of consolidation or merger.
Municipalities consolidated or merged shall continue to be governed as before consolidation or merger until the date stipulated in the transitional plan and schedule provided for in sections 734 (relating to joint agreement of governing bodies) and 737 (relating to consolidation or merger agreement), or the transitional plan provided for by a study commission pursuant to section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter). Subject to the provisions of section 735.1(q), new officials required to be elected shall take office on the first Monday of January following the municipal election designated in the transitional plan and schedule. At that municipal election, the necessary officers of the consolidated or merged municipality shall be elected in accordance with the terms of the general law affecting municipalities of the kind or class of the consolidated or merged municipality or, in case of a consolidated or merged municipality operating under a home rule charter or optional plan of government, in accordance with the charter or optional plan or with general law affecting home rule or optional plan municipalities, as applicable. The officers elected at that municipal election shall be elected for terms of office under the plan and schedule set forth in the consolidation or merger agreement authorized by section 734 or 737, or the transitional plan provided for by a commission pursuant to section 735.1, as the case may be. They shall take office as officers of the consolidated or merged municipality on the first Monday of January following the municipal election at which they were elected, and upon assumption of office, the consolidated or merged municipality shall begin to function and the former municipalities consolidated or merged into it shall be abolished.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
Cross References.
Section 738 is referred to in sections 734, 735.1, 737 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 739 - Effect of transition on employees of consolidated or merged municipality

§ 739. Effect of transition on employees of consolidated or merged municipality.
(a) Transition.--
As of the date when a consolidated or merged municipality shall begin to function, except for those officers and employees which are protected by any tenure of office, civil service provisions or collective bargaining agreement, all appointive offices and positions then existing in all former municipalities involved in the consolidation or merger shall be subject to the terms of the consolidation or merger agreement or transitional plan as provided for in section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter). Provisions shall be made for instances in which there is duplication of positions, including, but not limited to, chief of police or manager, and for other matters such as varying length of employee contracts, different civil service regulations in the constituent municipalities and differing ranks and position classifications for similar positions.
(b) Exception.--
Nothing in this section shall be deemed to apply to a consolidated or merged municipality if one or more of the consolidating or merging municipalities has been declared distressed under the act of July 10, 1987 (P.L.246, No.47), known as the Municipalities Financial Recovery Act. In such case, the provisions of section 408 of that act shall control.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2003 Amendment.
Act 29 amended subsec. (a).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 740 - Procedures

§ 740. Procedures.
(a) Ordinance book.--
After consolidation becomes effective, a new ordinance book shall be used by the municipality, and, except for a municipality consolidated or merged under section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), the first document to be recorded in it shall be the consolidation agreement.
(b) Ordinance codification.--
No later than two years after consolidation goes into effect, codification of all the ordinances of the municipality shall be completed. The codification shall include tabulation or indexing of those ordinances of the component municipalities that are of permanent effect in the consolidated municipality.
(c) Vesting of rights, privileges, property and obligations.--
All rights, privileges and franchises of each component municipality and all property belonging to each component municipality shall be vested in the consolidated or merged municipality. The title to real estate vested in any of those municipalities shall not revert or be in any way impaired by reason of the consolidation or merger. All liens and rights of creditors shall be preserved. Agreements and contracts shall remain in force. Debts, liabilities and duties of each of the municipalities shall be attached to the consolidated or merged municipality and may be enforced against it.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2003 Amendment.
Act 29 amended subsec. (a).
Cross References.
Section 740 is referred to in section 735.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 7 - Alteration of Territory or Corporate Entity and › Section 741 - Court review of transitional plan

§ 741. Court review of transitional plan.
(a) General rule.--
Except as provided in subsection (b), after the approval of a referendum pursuant to section 736 (relating to conduct of referenda), any person who is a resident of a municipality to be consolidated or merged may petition the court of common pleas to order the appropriate municipal governing bodies to:
(1) implement the terms of a transitional plan and schedule adopted pursuant to section 734 (relating to joint agreement of governing bodies) or 737 (relating to consolidation or merger agreement); or
(2) adopt or amend a transitional plan or schedule if the court finds that the failure to do so will result in the unreasonable perpetuation of the separate forms and classifications of government existing in the affected municipalities prior to the approval of the referendum.
(b) Exception.--
After consolidation or merger pursuant to section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), any person who is a resident of the newly consolidated or merged municipality may petition the court of common pleas to order the governing body of that municipality to act to accept or provide alternatives to the recommendations of the commission in accordance with section 735.1(k)(3)(iii).
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Extra - Chapter Notes

Enactment.
Chapter 9 was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Cross References.
Chapter 9 is referred to in section 2941 of this title; section 601 of Title 8 (Boroughs
            and Incorporated Towns); section 10401 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 901 - Short title and scope of chapter

§ 901. Short title and scope of chapter.
(a) Short title of chapter.--
This chapter shall be known and may be cited as the Municipal Reapportionment Act.
(b) Scope of chapter.--
This chapter applies to the following entities:
(1) Municipalities.
(2) Units of government created and existing under Subpart E of Part III (relating to home rule and optional plan government).
(3) Similar general purpose units of local government created by statute.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 902 - Definitions

§ 902. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"District."
Includes a ward whenever wards are used as a subdivision for the election of members of the governing body.
"Governing body."
A board of county commissioners, city council, borough council, incorporated town council, board of township commissioners or board of township supervisors, the governing council of any unit of government created and existing under Subpart E of Part III (relating to home rule and optional plan government) or the governing council of any similar general purpose unit of government created by statute.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 903 - Reapportionment by governing body

§ 903. Reapportionment by governing body.
(a) General rule.--
Within the year following that in which the Federal census, decennial or special, is officially and finally reported and at such other times as the governing body deems necessary, each entity having a governing body not entirely elected at large shall be reapportioned into districts by its governing body. The governing body shall number the districts.
(b) Composition of districts.--
Districts shall be composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal census, decennial or special.
Cross References.
Section 903 is referred to in sections 906, 2941 of this title; section 10403.2 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 904 - Reapportionment by court upon petition

§ 904. Reapportionment by court upon petition.
(a) Petition.--
If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, is officially and finally reported, a petition signed by one or more electors who are residents of the entity may be submitted to the court of common pleas which may then reapportion in accordance with this chapter.
(b) Appointment of commissioners.--
Upon receiving the petition to reapportion, the court may appoint three impartial persons as commissioners.
(c) Report to court.--
The commissioners appointed by the court or any two of them shall make a report to the court within the time the court directs and shall include with it a plot showing the boundaries of the present districts and a plot showing the districts as proposed by them, along with pertinent information relating to population and area of the proposed districts.
(d) Action on report.--
Upon presentation, the court shall confirm the report nisi and shall direct that notice of the filing of the report shall be given by publication once in a newspaper of general circulation stating that exceptions may be filed to the report within 30 days after the report was filed. If no exceptions are filed or if the court dismisses the exceptions, the court shall confirm the report absolutely and issue a decree. The court in its decree shall designate a number for each of the districts.
Cross References.
Section 904 is referred to in section 906 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 905 - Compensation of commissioners and payment of costs

§ 905. Compensation of commissioners and payment of costs.
(a) Compensation of commissioners.--
The commissioners appointed by the court shall each receive compensation for their services as the court shall fix.
(b) Payment of costs and expenses.--
All cost and expenses incurred in the proceedings to reapportion shall be paid by the entity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 906 - Contest of reapportionment by governing body

§ 906. Contest of reapportionment by governing body.
(a) General rule.--
In the event there has been a reapportionment by the governing body pursuant to section 903(a) (relating to reapportionment by governing body) or 904 (relating to reapportionment by court upon petition), the reapportionment may be contested as not being in compliance with the criteria for reapportionment as set forth in section 903(b).
(b) Petition to court.--
In order to contest a reapportionment, a petition signed by ten electors who are residents of the entity shall be submitted to the court of common pleas.
(c) Action on petition.--
The court shall review the reapportionment plan and either accept the reapportionment plan and dismiss the petition or reject the reapportionment plan and return it to the local governing body for correction and resubmission to the court.
(d) Appointment of commissioners.--
If the court sets the reapportionment aside, the court may appoint three impartial persons as commissioners.
(e) Report to court.--
The commissioners appointed by the court or any two of them shall make a report to the court within the time the court directs and shall include with it a plot showing the boundaries of the present districts and a plot showing the districts as proposed by them, along with pertinent information relating to population and area of the proposed districts.
(f) Action on report.--
Upon presentation, the court shall confirm the report nisi and shall direct that notice of the filing of the report shall be given by publication once in a newspaper of general circulation stating that exceptions may be filed to the report within 30 days after the report was filed. If no exceptions are filed or if the court dismisses the exceptions, the court shall confirm the report absolutely and issue a decree. The court in its decree shall designate a number for each of the districts.
Cross References.
Section 906 is referred to in section 907 of this title; section 602 of Title 8 (Boroughs and Incorporated Towns); section 10401.1 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 907 - Costs and expenses of contest

§ 907. Costs and expenses of contest.
(a) General rule.--
All cost and expenses incurred in a proceeding described in section 906 (relating to contest of reapportionment by governing body) challenging a reapportionment shall be paid by the entity or the petitioners as the court directs, but, if the court reapportions the entity, the costs and expenses shall be paid by the entity.
(b) Bond to secure payment.--
If a reapportionment is challenged by petition as described in section 906, the petitioners may be required to post a bond set by the court to secure the payment of costs and expenses.
Cross References.
Section 907 is referred to in section 602 of Title 8 (Boroughs and Incorporated Towns); section 10401.1 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 9 - Municipal Reapportionment › Section 908 - Retention in office and new elections

§ 908. Retention in office and new elections.
(a) Retention of existing members in office.--
The members of the governing body in office at the time of the reapportionment shall retain their offices until the end of their respective terms.
(b) Election of members following reapportionment.--
The election of members of the governing body under the reapportionment shall be held in accordance with law relating to the entity and the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 11 was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Enactment.
Subchapter D was added July 9, 2008, P.L.999, No.76, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1122 - Establishment and designation

§ 1122. Establishment and designation.
Whenever, due to an emergency resulting from the effects of enemy attack or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place, the governing body of each political subdivision of this Commonwealth may meet at any place within or without the territorial limits of the political subdivision. The meeting may be held on the call of the presiding officer or any two members of the governing body and shall proceed to establish and designate, by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location or locations of government where all or any part of the public business may be transacted and conducted during the emergency situation. These sites or places may be within or without the territorial limits of the political subdivision and may be within or without this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1123 - Exercise of powers and functions

§ 1123. Exercise of powers and functions.
During the period when the public business is being conducted at the emergency temporary location or locations, the governing body and other officers of a political subdivision of this Commonwealth shall exercise at the location or locations all of the executive, legislative and judicial powers and functions conferred upon the governing body and officers by law. These powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to time-consuming procedures and formalities prescribed by law and pertaining to them, and all acts of the governing body and officers shall be as valid and binding as if performed within the territorial limits of their political subdivision.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1124 - Applicability of subchapter

§ 1124. Applicability of subchapter.
The provisions of this subchapter shall control, in the event it shall be employed, notwithstanding any statutory charter or ordinance provision to the contrary or in conflict with this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1132 - Declaration of policy

§ 1132. Declaration of policy.
Because of the existing possibility of attack upon the United States of unprecedented size and destructiveness and in order, in the event of such an attack, to assure continuity of government through legally constituted authority and responsibility in offices of the municipalities of this Commonwealth, to provide for the effective operation of government during an emergency and to facilitate the early resumption of functions temporarily suspended, it is found and declared to be necessary to provide for emergency interim succession to offices of the municipalities of this Commonwealth in the event the incumbents and their deputies authorized to exercise all of the powers and discharge the duties of these offices, referred to in this subchapter as deputies, are unavailable to exercise the powers and perform the duties of these offices.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1133 - Definitions

§ 1133. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Attack."
Any attack on the United States which causes or may cause substantial damage or injury to civilian persons or property in any manner by sabotage or by the use of bombs, missiles or shellfire or by atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.
"Emergency interim successor."
A person designated, in the event the officer is unavailable, to exercise the powers and discharge the duties of an office until a successor is appointed or elected and qualified as may be provided by the Constitution of Pennsylvania, statutes, charters and ordinances or until the lawful incumbent is able to exercise the powers and discharge the duties of the office.
"Office."
All local offices, the powers and duties of which are defined by the Constitution of Pennsylvania or a statute, charter or ordinance.
"Unavailable."
When a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or when the lawful incumbent of the office or any deputy exercising the powers and discharging the duties of an office because of a vacancy and his authorized deputy are absent or unable to exercise the powers and discharge the duties of the office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1134 - Enabling authority for emergency interim successors for local offices

§ 1134. Enabling authority for emergency interim successors for local offices.
With respect to local offices for which the legislative bodies of municipalities may enact resolutions or ordinances relative to the manner in which vacancies will be filled or temporary appointments to office made, the legislative bodies are authorized to enact resolutions or ordinances providing for emergency interim successors to offices. The resolutions and ordinances shall not be inconsistent with this subchapter.
Cross References.
Section 1134 is referred to in section 1135 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1135 - Emergency interim successors for local officers

§ 1135. Emergency interim successors for local officers.
This section is applicable to officers of municipalities not included in section 1134 (relating to enabling authority for emergency interim successors for local offices). Each officer, subject to any regulations as the executive head of the municipality may issue, shall designate by title, if feasible, or by named person emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this subchapter. The officer will designate a sufficient number of persons so that there will be not less than three deputies or emergency interim successors or any combination of them. If any officer or deputy of any municipality is unavailable, the powers of the office shall be exercised and the duties discharged by his designated emergency interim successors in the order specified. The emergency interim successors, in the order specified, shall exercise the powers and discharge the duties of the office to which designated until the vacancy is filled in accordance with the Constitution of Pennsylvania or statutes or until the officer, or his deputy or a preceding emergency interim successor, ceases to be unavailable.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1137 - Succession period

§ 1137. Succession period.
Emergency interim successors may exercise the powers and discharge the duties of an office as authorized in this subchapter only after an attack has occurred. The General Assembly, by concurrent resolution, may terminate the authority of the emergency interim successors to exercise the powers and discharge the duties of office as provided under this subchapter.
Cross References.
Section 1137 is referred to in section 1138 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1138 - Term and removal of designees

§ 1138. Term and removal of designees.
Until the persons designated as emergency interim successors are authorized to exercise the powers and discharge the duties of an office in accordance with this subchapter, including section 1137 (relating to succession period), these persons may be removed or replaced by the designating authority at any time, with or without cause.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1141 - Form of oaths of office

§ 1141. Form of oaths of office.
Whenever an elected or appointed official of a municipality is required to take, subscribe or file an oath or affirmation of office, the oath or affirmation shall be in the form prescribed in this section, as follows:
I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity.
Cross References.
Section 1141 is referred to in sections 1002, 1061, 10A03, 1172 of Title 8 (Boroughs and Incorporated Towns); sections 10905, 14403 of Title 11 (Cities).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 11 - General Provisions › Section 1142 - Residency during military service

§ 1142. Residency during military service.
(a) General rule.--
A person's active military duty shall not disqualify the person from fulfilling a residency requirement imposed by a municipal code or charter as a qualification of elected office or to fill a vacancy of elected office.
(b) Deemed residency.--
For purposes of subsection (a), a person who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality unless and until the person demonstrates an intent to establish a new domicile outside of the municipality.
(c) Definition.--
As used in this section, the term "active military duty" shall include active service in any of the armed forces of the United States, including a National Guard or reserve component.
(Oct. 30, 2017, P.L.1141, No.54, eff. 60 days)
2017 Amendment.
Act 54 added section 1142.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 13 - General Provisions › Extra - Chapter Notes

Enactment.
Chapter 13 was added December 19, 1996, P.L.1158, No.177, effective in 60 days.
Cross References.
Subchapter F is referred to in section 3104 of Title 8 (Boroughs and Incorporated
            Towns); sections 11018.11, 12704, 127A02 of Title 11 (Cities).
Enactment.
Subchapter G was added December 30, 2002, P.L.2001, No.230, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 13 - General Provisions › Section 1381 - Short title and scope of subchapter

§ 1381. Short title and scope of subchapter.
(a) Short title of subchapter.--
This subchapter shall be known and may be cited as the Municipal Records Act.
(b) Scope of subchapter.--
This subchapter applies to the following entities:
(1) A city of the third class, borough, incorporated town, township of the first class or township of the second class, including any municipal corporation as described in this paragraph which has adopted a home rule charter.
(2) Municipal authorities created by any municipal corporation which is subject to this subchapter.
This subchapter does not apply to cities of the first class, second class or second class A.
(Feb. 18, 1998, P.L.175, No.27, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 13 - General Provisions › Section 1382 - Definitions

§ 1382. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Commission."
The Pennsylvania Historical and Museum Commission.
"Committee."
The Local Government Records Committee.
"Public records."
Any papers, books, maps, photographs or other documentary materials, regardless of physical form or characteristics, made or received by an entity under law or in connection with the exercise of its powers and the discharge of its duties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 13 - General Provisions › Section 1383 - Disposition of public records

§ 1383. Disposition of public records.
Public records may be disposed of if the disposition is in conformity with schedules and regulations which are promulgated by the committee as established by section 1385 (relating to Local Government Records Committee).
(Feb. 18, 1998, P.L.175, No.27, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 13 - General Provisions › Section 1384 - Proposed retention and disposal schedules

§ 1384. Proposed retention and disposal schedules.
The commission, in cooperation with the several associations of municipal officials and related Commonwealth agencies, shall make a study of public records and shall prepare proposed retention and disposition schedules for submission to the committee for its approval and advise each of them of all applicable operative schedules and prepare updates of these schedules as needed. No such schedule shall be operative unless approved by the committee.
(Feb. 18, 1998, P.L.175, No.27, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 53 - MUNICIPALITIES GENERALLY › Chapter 13 - General Provisions › Section 1385 - Local Government Records Committee

§ 1385. Local Government Records Committee.
(a) Establishment.--
There shall be established under the commission the Local Government Records Committee which shall consist of the Auditor General, the State Treasurer, the General Counsel, the Executive Director of the Pennsylvania Historical and Museum Commission, the Secretary of Community and Economic Development and five other members to be appointed by the Governor to represent each of the following municipal associations: the League of Cities, the State Association of Boroughs, the State Association of Township Commissioners, the State Association of Township Supervisors and the Municipal Authorities' Association. Each ex officio member of the committee may designate in writing a representative to act in place of the member. The Secretary of Community and Economic Development shall serve as chairman, and the executive director of the commission shall serve as secretary. Meetings of the committee shall be at the call of the chairman.
(b) Powers and duties.--
The committee shall have the powers and duties vested in and imposed upon it by this subchapter and shall promulgate regulations not inconsistent with law necessary to adequately effectuate its powers and duties.
(Feb. 18, 1998, P.L.175, No.27, eff. 60 days; May 5, 1998, P.L.301, No.50, eff. 60 days)
1998 Amendments.
Act 27 amended the entire section and Act 50 amended subsec. (a). Act 50 overlooked the amendment by Act 27, but the amendments do not conflict in substance and have both been given effect in setting forth the text of section 1385.
Cross References.
Section 1385 is referred to in section 1383 of this title.