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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5603 and 5604 of Title 53 of the
Pennsylvania Consolidated Statutes are amended by adding
subsections to read:
§ 5603. Method of incorporation.
* * *
(g) Notification of county.--After an authority has received
the certificate of incorporation from the Secretary of the
Commonwealth under subsection (e), the authority shall notify
the county or counties of the incorporating municipalities
within 10 days to prepare for municipal elections.
§ 5604. Municipalities withdrawing from and joining in joint
authorities.
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20 (f) Notification of county.--
(1) After a municipality receives a certificate of
joinder from the Secretary of the Commonwealth under
subsection (e), the municipality shall notify the county in
which it is located within 10 days in order to prepare for
municipal elections.
(2) After a municipality receives a certificate of
withdrawal from the Secretary of the Commonwealth under
subsection (e), the municipality shall notify the county that
the municipality's elected board members of the authority
will be abolished on the date specified in the certificate of
withdrawal.
Section 2. Sections 5605(a)(4) and 5610(a), (b), (c), (d)
and (f) of Title 53 are amended to read:
§ 5605. Amendment of articles.
(a) Purpose.--An authority may amend its articles for the
following reasons:
* * *
[(4) To increase or decrease the number of members of
the board of the authority, to reapportion the representation
on the board of the authority and to revise the terms of
office of members, all in a manner consistent with the
provisions of section 5610 (relating to governing body). ]
* * *
§ 5610. Governing body.
(a) Board.--Except as set forth in subsection (a.1), the
powers of each authority shall be exercised by a board composed
as follows:
(1) (i) If the authority is incorporated by one
municipality, the board shall consist of [ a number of]
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30 five members[, not less than five, as enumerated in the
articles of incorporation ]. The governing body of the
municipality shall appoint the members of the board,
whose terms of office shall commence on the effective
date of their appointment[ . One member shall serve for
one year, one for two years, one for three years, one for
four years and one for five years commencing with the
first Monday in January next succeeding the date of
incorporation or amendment. If there are more than five
members of the board, their terms shall be staggered in a
similar manner for terms of one to five years from the
first Monday in January next succeeding. ] until the first
Monday in January following a municipal election
occurring more than 90 days after the later of the
incorporation of the authority or the effective date of
this subparagraph.
(ii) Thereafter, whenever a vacancy [ has occurred by
reason of the expiration of the term of any member ]
occurs, the governing body of the authority shall appoint
a member of the board [ for a term of five years from the
date of expiration of the prior term to succeed the
member whose term has expired. ] who meets the residency
requirements of the vacancy for a term until the first
Monday of January next succeeding the election at which
the officers are to be elected to fulfill the remainder
of the term.
(2) (i) If the authority is incorporated by two or more
municipalities, the board shall consist of a number of
members at least equal to the number of municipalities
incorporating the authority, but in no event less than
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30 five. [When one or more additional municipalities join an
existing authority, each of the joining municipalities
shall have similar membership on the board as the
municipalities then members of the authority and the
joining municipalities may determine by appropriate
resolutions.] Three board members shall be at-large
members from the entire service area of the authority.
Each municipality in the authority shall have one board
member from the municipality. One at-large board member
shall be in each of the three election classes mentioned
in subsection (b)(7)(ii)(B). The members of the board of
a joint authority shall each be appointed by the
governing body of the incorporating or joining
municipality he represents, and their terms of office
shall commence on the effective date of their
appointment[. One member shall serve for one year, one
for two years, one for three years, one for four years
and one for five years from the first Monday in January
next succeeding the date of incorporation, amendment or
joinder, and if there are more than five members of the
board, their terms shall be staggered in a similar manner
for terms of from one to five years commencing with the
first Monday in January next succeeding. ] and continue
until the first Monday in January following a municipal
election occurring more than 90 days after the later of
the incorporation of the authority or the effective date
of this subparagraph.
(ii) Thereafter, whenever a vacancy [ has occurred by
reason of the expiration of the term of any member ]
occurs, the governing body of the [ municipality which has
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30 the power of appointment ] authority shall appoint a
member of the board [ for a term of five years from the
date of expiration of the prior term.] who meets the
residency requirements of the vacancy until the first
Monday of January next succeeding the election at which
the officers are to be elected to fulfill the remainder
of the term.
* * *
(b) [Residency.] Election of board members .--
(1) Except as provided for in subsection (c), the
members of the board, each of whom shall be at least 18 years
of age and be a taxpayer in, maintain a business in or be a
citizen of the municipality by which he is appointed or be a
taxpayer in, maintain a business in or be a citizen of a
municipality into which one or more of the projects of the
authority extends or is to extend or to which one or more
projects has been or is to be leased, shall be appointed,
their terms fixed and staggered and vacancies filled pursuant
to the articles of incorporation or the application of
membership under section 5604 (relating to municipalities
withdrawing from and joining in joint authorities). Where two
or more municipalities are members of the authority, they
shall be apportioned pursuant to the articles of
incorporation or the application for membership under section
5604. Except for special service districts located in whole
or in part in cities of the first class or as provided in
paragraph (2), a majority of an authority's board members
shall be citizens residing in the incorporating municipality
or incorporating municipality or incorporating municipalities
of the authority.
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30 (2) Each member of the board of a business improvement
district authority that was established by a borough pursuant
to the former act of May 2, 1945 (P.L.382, No.164), known as
the Municipality Authorities Act of 1945, on or before the
effective date of this paragraph shall be at least 18 years
of age and be a taxpayer in, maintain a business in or be a
citizen of the borough by which that member is appointed.
(3) Elections for authority board members shall be at
the time and place designated by law for the holding of
municipal elections.
(4) Certificates of election of all authority board
members shall be filed with the authority and preserved among
the records of the authority for a period of six years.
(5) (i) Except as provided under subparagraph (ii), an
individual elected to the authority board shall serve for
the term for which the individual was elected.
(ii) If a vacancy in office occurs, the vacancy
shall be filled.
(6) If an elected official of the authority is required
to give a bond for the faithful performance of the elected
official's duties, the authority may pay the premium for the
bond.
(7) (i) The board members of an authority shall be
elected at the appropriate municipal election and take
office on the first Monday of January succeeding the
election.
(ii) The following shall apply:
(A) Except as provided under clause (B) and at
the election under subparagraph (i), if an authority
is incorporated by one municipality, the following
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30 board members shall be elected to coincide with the
number of board members appointed to authorities
existing on January 1, 2026, under paragraph (8):
(I) Two board members of the authority shall
be elected for terms of two years each.
(II) Two board members of the authority
shall be elected for terms of four years each.
(III) One board member of the authority
shall be elected for a term of six years.
(B) If an authority is incorporated by two or
more municipalities, the board members shall be
divided equally into three classes:
(I) Each board member of Class A shall be
elected for a term of two years.
(II) Each board member of Class B shall be
elected for a term of four years.
(III) Each board member of Class C shall be
elected for a term of six years.
(8) Biennially, at the municipal election, a sufficient
number of board members of an authority shall be elected to
fill the places of board members whose terms shall, under
this part, expire on the first Monday of January following
the election. Members elected under this paragraph shall
serve for a term of six years from the first Monday of
January succeeding the municipal election.
(9) If an additional municipality joins the authority,
the election of that municipality's board members shall be in
a manner as not to interfere with the terms of those
previously elected.
(10) If a vacancy is created in the office of a board
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30 member of the authority, the vacancy may be filled by
nomination made by the committee as is authorized by the
rules of the party to make nominations in the event of
vacancies on the party ticket.
(11) A board member of an authority may not at the same
time hold any other elective office. A board member of an
authority may hold an appointed position within the board
member's home municipality as long as the appointed position
is not prohibited under this title or any other statute.
(c) Grade crossings.--If the authority is created for the
purpose of eliminating grade crossings, the members of the
board, the majority of whom shall be at least 18 years of age
and be citizens of the municipality by which they are
[appointed] elected or of a municipality into which one or more
of the projects of the authority extends or is to extend or to
which one or more of the projects has been or is to be leased,
shall be [appointed] elected, their terms fixed and staggered
and vacancies filled pursuant to the articles of incorporation
or the application of membership under section 5604. Where two
or more municipalities are members of the authority, they shall
be apportioned pursuant to the articles of incorporation or the
application for membership under section 5604.
(d) Successor.--Members shall hold office until their
successors have been [ appointed] elected and may succeed
themselves and, except members of the boards of authorities
organized or created by a school district, shall receive such
salaries as may be determined by the governing body of the
municipality at the time of incorporation. Thereafter, the
governing body of the authority may determine the members'
salaries if a salary was originally determined by the governing
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30 body of the incorporating municipality , but no salaries shall be
increased or diminished by a governing body during the term for
which the member shall have been [ appointed] elected. Members of
the board of any authority organized or created by a school
district shall receive no compensation for their services. [ A
member may be removed for cause by the court of common pleas of
the county in which the authority is located after having been
provided with a copy of the charges against him for at least ten
days and after having been provided a full hearing by the
court.] If a vacancy shall occur by reason of the death,
disqualification, resignation or removal of a member, the
municipal authorities shall appoint a successor to fill his
unexpired term. In joint authorities such vacancies shall be
filled by the municipal authorities of the municipality in the
representation of which the vacancy occurs. If any municipality
withdraws from a joint authority, the term of any member
appointed from the municipality shall immediately terminate.
* * *
[(f) Removal.--Unless excused by the board, a member of a
board who fails to attend three consecutive meetings of the
board may be removed by the appointing municipality up to 60
days after the date of the third meeting of the board which the
member failed to attend. ]
* * *
Section 3. This act shall take effect January 1, 2026, or
immediately, whichever is later.
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