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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY MUSTO, WOZNIAK, FONTANA, TARTAGLIONE AND WASHINGTON, MAY 7, 2010 |
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| REFERRED TO LOCAL GOVERNMENT, MAY 7, 2010 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, creating the Boundary Review |
3 | Commission; providing for municipal dissolutions, |
4 | incorporations, annexations, mergers and consolidations; and |
5 | making an appropriation. |
6 | The General Assembly finds and declares as follows: |
7 | (1) It is declared to be public policy of the |
8 | Commonwealth to foster the fiscal integrity of municipalities |
9 | to assure that they can provide for the health, safety and |
10 | welfare of their citizens. The failure of a municipality to |
11 | so provide is determined to adversely affect the health, |
12 | safety and welfare not only of the citizens of the |
13 | municipality but also of the citizens of this Commonwealth. |
14 | (2) It is in the interest of the Commonwealth to |
15 | encourage orderly growth and development essential to the |
16 | social, fiscal and economic well-being of this entire |
17 | Commonwealth. |
18 | (3) The formation and adjustment of municipal boundaries |
19 | are important factors in promoting orderly development, |
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1 | encouraging sound economic growth, conservation of resources |
2 | and efficient delivery of government services. |
3 | (4) Assuring adequate fiscal and operational capacity of |
4 | local governments to provide needed facilities and services |
5 | to their residents and businesses is essential to the well- |
6 | being and economic potential of this Commonwealth. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Title 53 of the Pennsylvania Consolidated |
10 | Statutes is amended by adding a chapter to read: |
11 | CHAPTER 9A |
12 | BOUNDARY REVIEW COMMISSION |
13 | Sec. |
14 | 9A901. Definitions. |
15 | 9A902. Boundary Review Commission. |
16 | 9A903. Powers and duties. |
17 | 9A904. Petitions for study. |
18 | 9A905. Adoption, submission and action. |
19 | 9A906. Rights of parties. |
20 | 9A907. Construction and harmless irregularities. |
21 | § 9A901. Definitions. |
22 | The following words and phrases when used in this chapter |
23 | shall have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
25 | "Affected county." Any county which contains, or would |
26 | contain, any territory for which a reorganization is proposed or |
27 | ordered or which contains all or any part of an incorporated |
28 | municipality for which a change of boundaries reorganization is |
29 | proposed or ordered. |
30 | "Affected municipality." Any city, borough, township or town |
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1 | which contains territory for which a reorganization is proposed. |
2 | "Annexation." The absorption, inclusion, attachment or |
3 | addition of territory from one municipality to another |
4 | municipality. |
5 | "Area government." A unit of government created by the |
6 | General Assembly to provide some or all of the functions of a |
7 | specific group of municipalities or counties and which shall be |
8 | governed by an independent governing board elected by the voters |
9 | residing in the affected municipalities or affected counties. |
10 | "Commission." The Boundary Review Commission. |
11 | "Commission proceedings." Activities and proceedings which |
12 | are taken by the Boundary Review Commission under this chapter. |
13 | "Consolidation." The combination of two or more counties or |
14 | municipalities which results in the termination of the existence |
15 | of each of the counties or municipalities to be consolidated and |
16 | the creation of a new county or municipality which assumes |
17 | jurisdiction over all of the local governments which have been |
18 | terminated. |
19 | "Contiguous." Any of the following: |
20 | (1) In the case of annexation, a parcel or parcels of |
21 | land adjacent to or a parcel or parcels adjoining territory |
22 | within, the local government to which annexation is proposed. |
23 | (2) In the case of consolidation, territory of a county |
24 | or municipality which is adjacent to, contiguous with or |
25 | adjoining the territory of another local government, both of |
26 | which are to be consolidated. |
27 | "Contiguous territory." A territory of which a portion abuts |
28 | the boundary of another municipality, including territory |
29 | separated from the exact boundary of another municipality by a |
30 | street, road, railroad or highway or by a river or other natural |
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1 | or artificial stream of water. |
2 | "Function." Any power granted by law to a municipality or a |
3 | county to provide services or facilities for the use, benefit or |
4 | protection of persons or property. |
5 | "Incorporation." The formation, creation and establishment |
6 | of a municipality with corporate powers consistent with |
7 | applicable statutory authority. |
8 | "Interested agency." Each local agency or municipal |
9 | authority which provides facilities or services in the affected |
10 | territory of a boundary change or reorganization. |
11 | "Merger." The combination of two or more counties or the |
12 | combination of two or more municipalities which results in the |
13 | termination of the existence of all but one of the counties to |
14 | be merged or all but one of the municipalities to be merged, |
15 | with the surviving county or municipality absorbing and assuming |
16 | jurisdiction over the counties or municipalities which have been |
17 | terminated. |
18 | "Plan of reorganization." A plan or program for effecting a |
19 | reorganization or a change in the means by which public services |
20 | are provided and which contains a description of all changes of |
21 | organization, changes in services and changes in responsibility |
22 | to provide public services and which sets forth all terms, |
23 | conditions and matters necessary or incidental to the |
24 | effectuation of that reorganization or change in service |
25 | providers. |
26 | "Reorganization." Any of the following: |
27 | (1) A merger of contiguous counties or contiguous |
28 | municipalities or a combination thereof. |
29 | (2) A consolidation of counties or a consolidation of |
30 | municipalities or a combination thereof. |
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1 | (3) An annexation of a portion of a county or |
2 | municipality by a contiguous county or municipality. |
3 | (4) Creation of area government as authorized by |
4 | sections 6 and 7 of Article IX of the Constitution of |
5 | Pennsylvania. |
6 | § 9A902. Boundary Review Commission. |
7 | (a) Creation.--The Boundary Review Commission is created to |
8 | exercise the powers specified under this chapter. |
9 | (b) Purposes.--The commission shall study and recommend |
10 | boundary changes to the General Assembly and affected local |
11 | governments that promote orderly development, encourage sound |
12 | economic growth, conservation of resources and effective |
13 | delivery of government services. Boundary change recommendations |
14 | shall be developed for the purpose of creating and maintaining |
15 | municipal corporations that have a sufficient tax base and a |
16 | sound prospect for fiscal health. |
17 | (c) Members.--Except as otherwise provided, the commission |
18 | shall consist of the following members: |
19 | (1) Five members appointed by the Governor, one each |
20 | from lists of not less than three persons submitted by the |
21 | County Commissioners Association of Pennsylvania, the |
22 | Pennsylvania League of Cities and Municipalities, the |
23 | Pennsylvania State Association of Boroughs, the Pennsylvania |
24 | State Association of Township Commissioners and the |
25 | Pennsylvania State Association of Township Supervisors. |
26 | (2) Two at-large members appointed by the Governor. |
27 | (3) Four legislative appointees as follows: |
28 | (i) One individual appointed by the President pro |
29 | tempore of the Senate. |
30 | (ii) One individual appointed by the Minority Leader |
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1 | of the Senate. |
2 | (iii) One individual appointed by the Speaker of the |
3 | House of Representatives. |
4 | (iv) One individual appointed by the Minority Leader |
5 | of the House of Representatives. |
6 | (d) Term of office.--Four appointees of the Governor under |
7 | subsection (c)(1) and (2) shall be appointed to initial terms of |
8 | four years, and three shall be appointed for initial terms of |
9 | two years. Upon expiration of the initial terms, all appointees |
10 | of the Governor shall serve for terms of four years. The |
11 | legislative appointees shall serve at the pleasure of the |
12 | appointing authority. Any vacancy in the membership of the |
13 | commission appointed by the Governor shall be filled by the |
14 | Governor for the unexpired term of that member. |
15 | (e) Chairman and meetings.--The chairman and vice chairman |
16 | of the commission shall be appointed by the Governor. Meetings |
17 | shall be held at the call of the chairman. The chairman, and in |
18 | his absence, the vice chairman, shall preside at all meetings of |
19 | the commission. |
20 | (f) Reimbursement of actual expenses.--Commission members |
21 | shall be reimbursed for the actual amount of reasonable and |
22 | necessary expenses incurred in attending meetings and in |
23 | performing the duties of their office. |
24 | (g) Open meetings and Right-to-Know Law.--The commission |
25 | shall be subject to the provisions of the following: |
26 | (1) The act of February 14, 2008 (P.L.6, No.3), known as |
27 | the Right-to-Know Law. |
28 | (2) 65 Pa.C.S. Ch. 7 (relating to open meetings). |
29 | (h) Notice of proceedings.--The commission shall cause |
30 | notice to be published in the Pennsylvania Bulletin of all |
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1 | scheduled commission proceedings in accordance with 65 Pa.C.S. |
2 | Ch. 7 and guidelines adopted by the commission. |
3 | § 9A903. Powers and duties. |
4 | The commission shall have all of the following powers and |
5 | duties: |
6 | (1) To appoint an executive director who shall direct |
7 | and supervise the work of the commission. |
8 | (2) To contract for professional or consulting services |
9 | to carry out and effect the functions of the commission. |
10 | (3) To obtain administrative and other staff services, |
11 | including legal staff services, from the Department of |
12 | Community and Economic Development. The commission shall |
13 | enter into agreements with the department setting forth the |
14 | rights and obligations each has in carrying out its |
15 | respective responsibilities under, and to further the intent |
16 | of, this chapter. |
17 | (4) To conduct studies and make findings and |
18 | recommendations to the General Assembly and the affected |
19 | municipalities regarding changes to municipal boundaries or |
20 | reorganization of municipal governments consistent with |
21 | written policies, procedures and guidelines adopted by the |
22 | commission. The commission's studies shall include a cost and |
23 | benefit analysis of the proposed changes. |
24 | (5) To conduct studies and make findings and |
25 | recommendations to the General Assembly and to affected |
26 | municipalities or to affected counties regarding |
27 | consolidation of services provided by two or more |
28 | municipalities or counties which shall otherwise continue to |
29 | exist and exercise all other functions authorized by |
30 | applicable State law. |
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1 | (6) To conduct studies and make findings and |
2 | recommendations to the General Assembly and to affected |
3 | municipalities or to affected counties regarding options for |
4 | municipalities or counties that have been found to be |
5 | nonviable by the Secretary of Community and Economic |
6 | Development under criteria established in the act of July 10, |
7 | 1987 (P.L.246, No.47), known as the Municipalities Financial |
8 | Recovery Act. The Secretary of Community and Economic |
9 | Development shall promptly notify the commission of |
10 | determinations of nonviability under the Municipalities |
11 | Financial Recovery Act. In these cases, and based on a |
12 | finding of the need for a boundary change or reorganization, |
13 | the commission may recommend to the General Assembly and the |
14 | affected municipalities or affected counties the following: |
15 | (i) Annexation of parts of a nonviable municipality |
16 | by a contiguous municipality or municipalities. |
17 | (ii) Consolidation of one or more contiguous |
18 | municipalities with the nonviable municipality. |
19 | (iii) Merger of one or more contiguous |
20 | municipalities with the nonviable municipality. |
21 | (7) To propose a plan or plans of reorganization |
22 | applicable to two or more contiguous municipalities or |
23 | portions of municipalities, two or more counties or portions |
24 | of counties or a county and one or more of its |
25 | municipalities. The plans may include municipalities in all |
26 | classes of counties and municipalities except that the plans |
27 | of reorganization shall not be proposed to include cities of |
28 | the first class, cities of the second class or counties of |
29 | the first class or any portion of these municipalities unless |
30 | the cities and counties seek to be included in a plan of |
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1 | reorganization. |
2 | (8) (i) The commission may propose a plan or plans of |
3 | reorganization for affected municipalities and affected |
4 | counties if it finds that at least three of the following |
5 | criteria indicative of nonviability and fiscal distress |
6 | are present in the affected counties or affected |
7 | municipalities: |
8 | (A) Inability to pay due principal and interest |
9 | on debt obligations. |
10 | (B) Inability to meet financial obligations to |
11 | employees, vendors and suppliers. |
12 | (C) Inability to provide for proper financial |
13 | accounting procedures, budgeting and taxing practices |
14 | and functions as mandated by their respective |
15 | municipal codes. |
16 | (D) Inability to provide adequately for the |
17 | health, safety and welfare of their residents and |
18 | business. |
19 | (E) Stagnant or declining property values and |
20 | tax base and other factors rendering the municipality |
21 | incapable of providing municipal services and meeting |
22 | its debts and incurred expenses of the municipal |
23 | corporation. |
24 | (F) The population of the municipality is less |
25 | than 400 persons or the population has declined over |
26 | the most recent ten-year period by 25% or more based |
27 | on biannual census data provided by the State Data |
28 | Center and the population is no longer stable enough |
29 | to support municipal government. |
30 | (G) Inability to appoint boards, commissions and |
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1 | municipal employees for needed functions or to elect |
2 | representatives to the governing body. |
3 | (ii) Any studies or recommendations made by the |
4 | commission under this paragraph shall consider the |
5 | adopted comprehensive plan of the affected county, any |
6 | comprehensive plan of the affected municipality or |
7 | affected municipalities and public comment received by |
8 | the commission on any plan or plans of reorganization |
9 | recommended by the commission. |
10 | (9) To incur usual and necessary expenses for the |
11 | accomplishment of its functions. |
12 | (10) To hold at least one public hearing prior to |
13 | issuing recommendations. |
14 | (11) To adopt written policies, procedures and |
15 | guidelines necessary for the completion of its powers under |
16 | this chapter. |
17 | (12) To prepare and submit to the Governor a proposed |
18 | annual budget for its activities and obligations which may be |
19 | incorporated into the Governor's budget request to the |
20 | General Assembly. |
21 | § 9A904. Petitions for study. |
22 | (a) Initiation by petition.--The commission shall initiate a |
23 | boundary study upon receipt of a petition signed by at least 5% |
24 | of registered voters residing within each of the affected |
25 | counties or affected municipalities as of the date of the last |
26 | general election. The petition shall contain the names of those |
27 | individuals who are initiating the petition and shall name the |
28 | municipalities to be included in the study and the type of |
29 | proposed boundary change or reorganization. Petitions shall |
30 | include signatures, printed names and addresses of the persons |
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1 | signing the petition and the date signed by each. |
2 | (b) Acceptance or rejection.--If the commission finds that a |
3 | petition does not contain the required number of signatures of |
4 | qualified registered voters, the commission shall reject the |
5 | petition and shall return the petition to the individual or |
6 | individuals identified as the initiators. If the commission |
7 | finds that the petition is proper, it shall proceed to conduct |
8 | the studies requested in the petition. |
9 | (c) Actions initiated by governing bodies.--The commission |
10 | shall initiate a boundary change study upon receipt of a |
11 | resolution enacted by the governing body of each affected county |
12 | or municipality setting forth the counties' or municipalities' |
13 | interest in a proposed boundary change or plan of reorganization |
14 | and a commitment to participate in the study and process and to |
15 | provide all relevant information necessary to complete the |
16 | study. |
17 | (d) Appeal of decision.--The decision by the commission to |
18 | accept or reject a petition under this section shall be |
19 | appealable to the Commonwealth Court. |
20 | § 9A905. Adoption, submission and action. |
21 | (a) Completion of study.--Any study undertaken under this |
22 | chapter that results in a recommendation for a plan or plans for |
23 | reorganization shall require adoption and approval by the |
24 | commission by a majority vote. |
25 | (b) Submission to the General Assembly.--An approved plan or |
26 | plans of reorganization shall be submitted to the General |
27 | Assembly upon a majority vote to approve the plan of |
28 | reorganization. |
29 | (c) Response study.--In the case of a study undertaken in |
30 | response to a petition, the study shall be completed within 18 |
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1 | months of the filing of the petition with the Secretary of |
2 | Community and Economic Development or within 18 months of |
3 | receipt of resolutions from one or more governing bodies in the |
4 | area proposed in the petition for study of a proposed plan or |
5 | plans of reorganization. |
6 | (d) Publication.--Within 30 days of approval of a plan or |
7 | plans of reorganization and submission of the plan or plans to |
8 | the General Assembly, the commission shall publish the plan or |
9 | plans in the Pennsylvania Bulletin and the plans shall be |
10 | published on the commission's Internet website, the Internet |
11 | website of the General Assembly and the Internet website of the |
12 | department. The commission shall specify a 60-day public comment |
13 | period and shall publish a summary of public comments received |
14 | in the Pennsylvania Bulletin within 30 days of the close of the |
15 | comment period. |
16 | (e) Vote.--The General Assembly shall vote by resolution to |
17 | approve or reject any plan of reorganization or plans of |
18 | reorganization prepared as a package of recommended |
19 | reorganizations without amendment within six months of |
20 | publication of public comment in the Pennsylvania Bulletin. |
21 | § 9A906. Rights of parties. |
22 | Notwithstanding any other provision of this chapter, or of |
23 | any change of boundary or reorganization recommended or approved |
24 | under this chapter, each bondholder or other creditor may |
25 | enforce all of his rights in the same manner and to the same |
26 | extent as if the change of boundaries or reorganization had not |
27 | been made. Rights may also be enforced as follows: |
28 | (1) Annexation or detachment against the municipality to |
29 | or from which territory is annexed or detached. |
30 | (2) Incorporation against the newly incorporated |
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1 | municipality. |
2 | (3) Consolidation against the consolidated successor |
3 | municipality. |
4 | § 9A907. Construction and harmless irregularities. |
5 | This chapter shall be liberally construed to effectuate its |
6 | stated purposes. No change of boundary or reorganization ordered |
7 | by the General Assembly shall be invalidated because of any |
8 | defect, error, irregularity or omission in any act, |
9 | determination or procedure related to the commission that does |
10 | not adversely and substantially affect the rights of any person, |
11 | county, municipality, district, the Commonwealth or any of its |
12 | agencies or political subdivisions. |
13 | Section 2. The General Assembly shall appropriate funds as |
14 | it deems necessary for the operation of the Boundary Review |
15 | Commission. |
16 | Section 3. This act shall take effect immediately. |
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