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.

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
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, in municipal authorities, further
 3      providing for method of incorporation, for municipalities
 4      withdrawing from and joining in joint authorities, for
 5      amendment of articles and for governing body.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Sections 5603 and 5604 of Title 53 of the
 9   Pennsylvania Consolidated Statutes are amended by adding
10   subsections to read:
11   § 5603.    Method of incorporation.
12      * * *
13      (g)    Notification of county.--After an authority has received
14   the certificate of incorporation from the Secretary of the
15   Commonwealth under subsection (e), the authority shall notify
16   the county or counties of the incorporating municipalities
17   within 10 days to prepare for municipal elections.
18   § 5604.    Municipalities withdrawing from and joining in joint
19                authorities.
20      * * *
 1      (f)    Notification of county.--
 2             (1)    After a municipality receives a certificate of
 3      joinder from the Secretary of the Commonwealth under
 4      subsection (e), the municipality shall notify the county in
 5      which it is located within 10 days in order to prepare for
 6      municipal elections.
 7             (2)    After a municipality receives a certificate of
 8      withdrawal from the Secretary of the Commonwealth under
 9      subsection (e), the municipality shall notify the county that
10      the municipality's elected board members of the authority
11      will be abolished on the date specified in the certificate of
12      withdrawal.
13      Section 2.       Sections 5605(a)(4) and 5610(a), (b), (c), (d)
14   and (f) of Title 53 are amended to read:
15   § 5605.    Amendment of articles.
16      (a)    Purpose.--An authority may amend its articles for the
17   following reasons:
18             * * *
19             [(4)    To increase or decrease the number of members of
20      the board of the authority, to reapportion the representation
21      on the board of the authority and to revise the terms of
22      office of members, all in a manner consistent with the
23      provisions of section 5610 (relating to governing body).]
24      * * *
25   § 5610.    Governing body.
26      (a)    Board.--Except as set forth in subsection (a.1), the
27   powers of each authority shall be exercised by a board composed
28   as follows:
29             (1)     (i)   If the authority is incorporated by one
30             municipality, the board shall consist of [a number of]

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 1        five members[, not less than five, as enumerated in the
 2        articles of incorporation]. The governing body of the
 3        municipality shall appoint the members of the board,
 4        whose terms of office shall commence on the effective
 5        date of their appointment[. One member shall serve for
 6        one year, one for two years, one for three years, one for
 7        four years and one for five years commencing with the
 8        first Monday in January next succeeding the date of
 9        incorporation or amendment. If there are more than five
10        members of the board, their terms shall be staggered in a
11        similar manner for terms of one to five years from the
12        first Monday in January next succeeding.] until the first
13        Monday in January following a municipal election
14        occurring more than 90 days after the later of the
15        incorporation of the authority or the effective date of
16        this subparagraph.
17              (ii)   Thereafter, whenever a vacancy [has occurred by
18        reason of the expiration of the term of any member]
19        occurs, the governing body of the authority shall appoint
20        a member of the board [for a term of five years from the
21        date of expiration of the prior term to succeed the
22        member whose term has expired.] who meets the residency
23        requirements of the vacancy for a term until the first
24        Monday of January next succeeding the election at which
25        the officers are to be elected to fulfill the remainder
26        of the term.
27        (2)   (i)    If the authority is incorporated by two or more
28        municipalities, the board shall consist of a number of
29        members at least equal to the number of municipalities
30        incorporating the authority, but in no event less than

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 1        five. [When one or more additional municipalities join an
 2        existing authority, each of the joining municipalities
 3        shall have similar membership on the board as the
 4        municipalities then members of the authority and the
 5        joining municipalities may determine by appropriate
 6        resolutions.] Three board members shall be at-large
 7        members from the entire service area of the authority.
 8        Each municipality in the authority shall have one board
 9        member from the municipality. One at-large board member
10        shall be in each of the three election classes mentioned
11        in subsection (b)(7)(ii)(B). The members of the board of
12        a joint authority shall each be appointed by the
13        governing body of the incorporating or joining
14        municipality he represents, and their terms of office
15        shall commence on the effective date of their
16        appointment[. One member shall serve for one year, one
17        for two years, one for three years, one for four years
18        and one for five years from the first Monday in January
19        next succeeding the date of incorporation, amendment or
20        joinder, and if there are more than five members of the
21        board, their terms shall be staggered in a similar manner
22        for terms of from one to five years commencing with the
23        first Monday in January next succeeding.] and continue
24        until the first Monday in January following a municipal
25        election occurring more than 90 days after the later of
26        the incorporation of the authority or the effective date
27        of this subparagraph.
28             (ii)   Thereafter, whenever a vacancy [has occurred by
29        reason of the expiration of the term of any member]
30        occurs, the governing body of the [municipality which has

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 1          the power of appointment] authority shall appoint a
 2          member of the board [for a term of five years from the
 3          date of expiration of the prior term.] who meets the
 4          residency requirements of the vacancy until the first
 5          Monday of January next succeeding the election at which
 6          the officers are to be elected to fulfill the remainder
 7          of the term.
 8    * * *
 9    (b)   [Residency.] Election of board members.--
10          (1)   Except as provided for in subsection (c), the
11    members of the board, each of whom shall be at least 18 years
12    of age and be a taxpayer in, maintain a business in or be a
13    citizen of the municipality by which he is appointed or be a
14    taxpayer in, maintain a business in or be a citizen of a
15    municipality into which one or more of the projects of the
16    authority extends or is to extend or to which one or more
17    projects has been or is to be leased, shall be appointed,
18    their terms fixed and staggered and vacancies filled pursuant
19    to the articles of incorporation or the application of
20    membership under section 5604 (relating to municipalities
21    withdrawing from and joining in joint authorities). Where two
22    or more municipalities are members of the authority, they
23    shall be apportioned pursuant to the articles of
24    incorporation or the application for membership under section
25    5604. Except for special service districts located in whole
26    or in part in cities of the first class or as provided in
27    paragraph (2), a majority of an authority's board members
28    shall be citizens residing in the incorporating municipality
29    or incorporating municipality or incorporating municipalities
30    of the authority.

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 1        (2)   Each member of the board of a business improvement
 2    district authority that was established by a borough pursuant
 3    to the former act of May 2, 1945 (P.L.382, No.164), known as
 4    the Municipality Authorities Act of 1945, on or before the
 5    effective date of this paragraph shall be at least 18 years
 6    of age and be a taxpayer in, maintain a business in or be a
 7    citizen of the borough by which that member is appointed.
 8        (3)   Elections for authority board members shall be at
 9    the time and place designated by law for the holding of
10    municipal elections.
11        (4)   Certificates of election of all authority board
12    members shall be filed with the authority and preserved among
13    the records of the authority for a period of six years.
14        (5)   (i)     Except as provided under subparagraph (ii), an
15        individual elected to the authority board shall serve for
16        the term for which the individual was elected.
17              (ii)    If a vacancy in office occurs, the vacancy
18        shall be filled.
19        (6)   If an elected official of the authority is required
20    to give a bond for the faithful performance of the elected
21    official's duties, the authority may pay the premium for the
22    bond.
23        (7)   (i)     The board members of an authority shall be
24        elected at the appropriate municipal election and take
25        office on the first Monday of January succeeding the
26        election.
27              (ii)    The following shall apply:
28                     (A)   Except as provided under clause (B) and at
29              the election under subparagraph (i), if an authority
30              is incorporated by one municipality, the following

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 1               board members shall be elected to coincide with the
 2               number of board members appointed to authorities
 3               existing on January 1, 2026, under paragraph (8):
 4                         (I)    Two board members of the authority shall
 5                   be elected for terms of two years each.
 6                         (II)    Two board members of the authority
 7                   shall be elected for terms of four years each.
 8                         (III)    One board member of the authority
 9                   shall be elected for a term of six years.
10                   (B)   If an authority is incorporated by two or
11               more municipalities, the board members shall be
12               divided equally into three classes:
13                         (I)    Each board member of Class A shall be
14                   elected for a term of two years.
15                         (II)    Each board member of Class B shall be
16                   elected for a term of four years.
17                         (III)    Each board member of Class C shall be
18                   elected for a term of six years.
19        (8)    Biennially, at the municipal election, a sufficient
20    number of board members of an authority shall be elected to
21    fill the places of board members whose terms shall, under
22    this part, expire on the first Monday of January following
23    the election. Members elected under this paragraph shall
24    serve for a term of six years from the first Monday of
25    January succeeding the municipal election.
26        (9)    If an additional municipality joins the authority,
27    the election of that municipality's board members shall be in
28    a manner as not to interfere with the terms of those
29    previously elected.
30        (10)    If a vacancy is created in the office of a board

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 1      member of the authority, the vacancy may be filled by
 2      nomination made by the committee as is authorized by the
 3      rules of the party to make nominations in the event of
 4      vacancies on the party ticket.
 5            (11)   A board member of an authority may not at the same
 6      time hold any other elective office. A board member of an
 7      authority may hold an appointed position within the board
 8      member's home municipality as long as the appointed position
 9      is not prohibited under this title or any other statute.
10      (c)   Grade crossings.--If the authority is created for the
11   purpose of eliminating grade crossings, the members of the
12   board, the majority of whom shall be at least 18 years of age
13   and be citizens of the municipality by which they are
14   [appointed] elected or of a municipality into which one or more
15   of the projects of the authority extends or is to extend or to
16   which one or more of the projects has been or is to be leased,
17   shall be [appointed] elected, their terms fixed and staggered
18   and vacancies filled pursuant to the articles of incorporation
19   or the application of membership under section 5604. Where two
20   or more municipalities are members of the authority, they shall
21   be apportioned pursuant to the articles of incorporation or the
22   application for membership under section 5604.
23      (d)   Successor.--Members shall hold office until their
24   successors have been [appointed] elected and may succeed
25   themselves and, except members of the boards of authorities
26   organized or created by a school district, shall receive such
27   salaries as may be determined by the governing body of the
28   municipality at the time of incorporation. Thereafter, the
29   governing body of the authority may determine the members'
30   salaries if a salary was originally determined by the governing

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 1   body of the incorporating municipality, but no salaries shall be
 2   increased or diminished by a governing body during the term for
 3   which the member shall have been [appointed] elected. Members of
 4   the board of any authority organized or created by a school
 5   district shall receive no compensation for their services. [A
 6   member may be removed for cause by the court of common pleas of
 7   the county in which the authority is located after having been
 8   provided with a copy of the charges against him for at least ten
 9   days and after having been provided a full hearing by the
10   court.] If a vacancy shall occur by reason of the death,
11   disqualification, resignation or removal of a member, the
12   municipal authorities shall appoint a successor to fill his
13   unexpired term. In joint authorities such vacancies shall be
14   filled by the municipal authorities of the municipality in the
15   representation of which the vacancy occurs. If any municipality
16   withdraws from a joint authority, the term of any member
17   appointed from the municipality shall immediately terminate.
18      * * *
19      [(f)    Removal.--Unless excused by the board, a member of a
20   board who fails to attend three consecutive meetings of the
21   board may be removed by the appointing municipality up to 60
22   days after the date of the third meeting of the board which the
23   member failed to attend.]
24      * * *
25      Section 3.   This act shall take effect January 1, 2026, or
26   immediately, whichever is later.




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