PRINTER'S NO. 1309
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1027
Session of
2024
INTRODUCED BY DUSH AND BROWN, JANUARY 5, 2024
REFERRED TO LOCAL GOVERNMENT, JANUARY 5, 2024
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in alteration of territory or
corporate entity and dissolution, further providing for
conduct of referenda and for court review of transitional
plan.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 736(c) and 741 of Title 53 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 736. Conduct of referenda.
* * *
(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:
(1) 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)[.]; or
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(2) a new referendum ordered by a court under section
741(a.1) (relating to court review of transitional plan).
§ 741. Court review of transitional plan.
(a) General rule.--Except as provided in subsection (a.1) or
(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.
(a.1) Suspend implementation.--
(1) In the case of the approval of a referendum
initiated under section 735 (relating to initiative of
electors seeking consolidation or merger without new home
rule charter) or 735.1 (relating to initiative of electors
seeking consolidation or merger with new home rule charter),
the governing body of a municipality to be consolidated or
merged may petition the court of common pleas any time prior
to the effective date of the consolidation or merger by
resolution to find that, because of alleged or apparent
fraud, error or material loss impacting the finances of one
of the municipalities to be consolidated or merged that
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occurred prior to the date of the initial referendum and was
not disclosed in any official proceeding under this chapter
or other law, implementation of the consolidation or merger
should be suspended.
(2) The court shall hold a hearing on the petition under
paragraph (1) and order that a new referendum, replacing the
previously held referendum, be held under section 736 if the
court finds that the governing body's petition was supported
by substantial evidence.
(3) If a referendum is ordered under paragraph (2), the
adoption or implementation of the consolidation or merger
agreement that is the subject of the petition shall be
suspended until a new referendum is approved.
(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).
Section 2. The addition of 53 Pa.C.S. § 741(a.1) shall apply
to any referendum under 53 Pa.C.S. § 735 or 735.1 held on or
after November 1, 2021.
Section 3. This act shall take effect in 60 days.
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