An Act amending Titles 35 (Health and Safety) and 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in local organizations and services, further providing for general authority of political subdivisions; and, in general provisions relating to government and administration, further providing for scope of subchapter, providing for definitions, further providing for establishment and designation, providing for emergency meetings by authorized telecommunications device, repealing provisions relating to exercise of powers and functions, further providing for declaration of policy and for definitions, repealing provisions relating to enabling authority for emergency interim successors for local offices, further providing for emergency interim successors for local officers and for succession period and repealing provisions relating to term and removal of designees.

PRINTER'S NO. 2184
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1777
Session of
2025
INTRODUCED BY B. MILLER, FREEMAN, SAPPEY, SMITH-WADE-EL AND
JAMES, JULY 31, 2025
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, AUGUST 4, 2025
AN ACT
Amending Titles 35 (Health and Safety) and 53 (Municipalities
Generally) of the Pennsylvania Consolidated Statutes, in
local organizations and services, further providing for
general authority of political subdivisions; and, in general
provisions relating to government and administration, further
providing for scope of subchapter, providing for definitions,
further providing for establishment and designation,
providing for emergency meetings by authorized
telecommunications device, repealing provisions relating to
exercise of powers and functions, further providing for
declaration of policy and for definitions, repealing
provisions relating to enabling authority for emergency
interim successors for local offices, further providing for
emergency interim successors for local officers and for
succession period and repealing provisions relating to term
and removal of designees.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7501(b) and (d) of Title 35 of the
Pennsylvania Consolidated Statutes are amended and the section
is amended by adding a subsection to read:
§ 7501. General authority of political subdivisions.
* * *
(b) Declaration of disaster emergency.--A local disaster
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emergency may be declared by the governing body of a political
subdivision upon finding a disaster has occurred or is imminent.
The governing body of a political subdivision may authorize the
mayor or other chief executive officer to declare a local
disaster emergency subject to ratification by the governing
body. The declaration shall not be continued or renewed for a
period in excess of seven days except by [or with the consent]
resolution of the governing body of the political subdivision[.]
for an initial period not to exceed 21 days. Necessary
subsequent periods of continuation or renewal not exceeding 21
days shall be authorized by resolution. Any order or
proclamation declaring, continuing or terminating a local
disaster emergency shall be given prompt and general publicity
and shall be filed promptly with the agency. The effect of a
declaration of a local disaster emergency is to activate the
response and recovery aspects of any and all applicable local
emergency management plans and to authorize the furnishing of
aid and assistance thereunder.
* * *
(d) Temporary suspension of formal requirements.--Each
political subdivision included in a declaration of disaster
emergency declared by either the Governor or the governing body
of the political subdivision affected by the disaster emergency
is authorized to exercise the powers vested under this section
in the light of the exigencies of the emergency situation
without regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional
requirements) pertaining to the performance of public work,
entering into contracts, the incurring of obligations, the
employment of temporary workers, the rental of equipment, the
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purchase of supplies and materials, the levying of taxes and the
appropriation and expenditure of public funds. [Notwithstanding
any other provision of law, the governing body of a political
subdivision shall not be required to have a quorum physically
present at any one location in order to conduct business if a
quorum is otherwise established by the participating members
through an authorized telecommunication device.]
(d.1) Meeting modifications during disaster emergency.--
During a disaster emergency, the governing body of a political
subdivision shall not be required to have a quorum physically
present at any one location in order to conduct business if a
quorum is otherwise established by the participating members
through an authorized telecommunication device. The provisions
of 53 Pa.C.S. § 1122.1 (relating to emergency meetings by
authorized telecommunications device) shall apply to any meeting
held by the governing body of a municipality under this section.
* * *
Section 2. Section 1121 of Title 53 is amended to read:
§ 1121. Scope of subchapter.
This subchapter applies to all [political subdivisions]
municipalities.
Section 3. Title 53 is amended by adding a section to read:
§ 1121.1. 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:
"Authorized telecommunications device." The term includes
any device which permits, at a minimum, audio communication
between individuals.
"Disaster emergency." A disaster emergency declared under 35
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Pa.C.S. § 7301 (relating to general authority of Governor) or
7501 (relating to general authority of political subdivisions)
that directly impacts a municipality's ability to provide
services or hold a regular or special meeting of the governing
body of the municipality.
Section 4. Section 1122 of Title 53 is amended to read:
§ 1122. Establishment and designation.
(a) Meetings.--Whenever, due to [an] a disaster 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.], it is unsafe, hazardous to human health or
impossible to conduct a regular or special meeting at the
location where the municipality's meetings are regularly held,
the governing body of each municipality of this Commonwealth may
meet at any place within the territorial limits of the
municipality, within the territorial limits of an adjacent
municipality or another location as near the municipality as
practical. The meeting may be held on the call of the presiding
officer [or any two members of the governing body], or an
emergency interim successor designated under section 1135
(relating to emergency interim successors for local officers) if
the presiding officer is incapacitated or unavailable, 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
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conducted during the emergency situation. These sites or places
may be within or without the territorial limits of the
[political subdivision] municipality and may be within or
without this Commonwealth. Except in the case when it is unsafe,
hazardous to human health or impossible, the governing body
shall post information on how to access the meeting and the
meeting's agenda at the entrance of the location where the
municipality's meetings are regularly held.
(b) Extended authorization prohibited.--The authorization to
conduct meetings under subsection (a) shall expire after the
21st consecutive day following the disaster emergency
declaration unless the governing body of the municipality
establishes by resolution that:
(1) the conditions necessitating the disaster emergency
declaration still exist to the extent that a meeting within
the municipality would be unsafe;
(2) the meeting location outside of the municipality is
necessary because no suitable place to hold a meeting exists
within the municipality; or
(3) it is essential to comply with a disaster emergency
declaration or proclamation of the Governor as extended by
the General Assembly.
Section 5. Title 53 is amended by adding a section to read:
§ 1122.1. Emergency meetings by authorized telecommunications
device.
(a) Authorization.--Whenever the governing body of a
municipality is required to establish a quorum of members
physically present to conduct hearings, meetings, proceedings or
other business, the governing body may conduct its business
exclusively through the use of an authorized telecommunications
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device only during a disaster emergency and only if the
conditions that have rendered a meeting with the physical
presence of the participants unsafe, hazardous to human health
or impossible would be alleviated through the use of an
authorized telecommunications device.
(b) Quorum.--A hearing, meeting, proceeding or other
business conducted through an authorized telecommunications
device under this subsection shall not require the physical
presence at a meeting location of a quorum of the participating
members if a quorum is otherwise established by the
participating members through the authorized telecommunications
device.
(c) Advance notice.-- Unless prohibited by exigent
circumstances, the governing body of a municipality shall post
no less than 24 hours advance notice of each meeting conducted
under subsection (a) on the entity's publicly accessible
Internet website, if any, or in an advertisement in a newspaper
of general circulation, or both. Public notice shall include the
date, time, technology to be used and public participation
information as provided under subsection (d). The governing body
shall comply with any other notification requirement of 65
Pa.C.S. Ch. 7 (relating to open meetings) to the extent
practicable. Except in the case when it is unsafe, hazardous to
human health or impossible, the governing body shall post the
meeting agenda and information on how to access the meeting
under subsection (a) at the entrance of the location where the
municipality's meetings are regularly held.
(d) Public participation.--To the extent practicable, the
governing body of a municipality shall allow for public
participation in a meeting, hearing or proceeding through an
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authorized telecommunications device.
(e) Extended emergency meeting authorizations prohibited.--
The authorization to conduct meetings by authorized
telecommunications device under this section shall expire after
the 21st consecutive day following the disaster emergency
declaration unless the governing body of the municipality
establishes by resolution that meeting by authorized
telecommunications device is essential to comply with a disaster
emergency declaration or proclamation of the Governor as
extended by the General Assembly.
Section 6. Section 1123 of Title 53 is repealed:
[§ 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.]
Section 7. Section 1132 of Title 53 is amended to read:
§ 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] To assure continuity
of government through legally constituted authority and
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responsibility in offices of the municipalities of this
Commonwealth, to provide for the effective operation of
government during [an] a disaster 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.
Section 8. The definition of "attack" in section 1133 of
Title 53 is amended and the section is amended by adding a
definition to read:
§ 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.]
"Disaster emergency." A disaster emergency declared under 35
Pa.C.S. § 7301 (relating to general authority of Governor) or
7501 (relating to general authority of political subdivisions).
* * *
Section 9. Section 1134 of Title 53 is repealed:
[§ 1134. Enabling authority for emergency interim successors
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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.]
Section 10. Sections 1135 and 1137 of Title 53 are amended
to read:
§ 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] may designate by title[, if
feasible, or by named person] one or more 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
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a preceding emergency interim successor, ceases to be
unavailable.
§ 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] during a
disaster emergency. The authority of the emergency interim
successors to exercise the powers and discharge the duties of
office as provided under this subchapter [.] shall terminate on
the selection, appointment or election of a permanent successor
as required by law.
Section 11. Section 1138 of Title 53 is repealed:
[§ 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.]
Section 12. This act shall take effect in 60 days.
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