53 Pennsylvania Consolidated Statutes Chapter 29 - General Provisions

• Chapter Notes

Subchapter A.  Preliminary Provisions

• Section 2901 - Short Title And Scope Of Subpart
  (a) Short title of subpart.--This subpart shall be known and may be cited as the Home Rule Charter and Optional Plans Law. (b) Scope...
• Section 2902 - Definitions
  Subject to additional definitions contained in subsequent provisions of this subpart which are applicable to specific provisions of this subpart, the following words and...

Subchapter B.  Procedure for Adoption of Home Rule Charter or Optional Plan of Government

• Section 2911 - Submission Of Question For Election Of Government Study Commission
  (a) General rule.--Whenever authorized by ordinance of the governing body or upon petition of the electors to the county board of electors of the...
• Section 2912 - Election Of Members Of Commission
  (a) General rule.--A governmental study commission of seven, nine or eleven members, as designated in the question, shall be elected by the qualified voters...
• Section 2913 - Nomination Of Candidates
  (a) General rule.--All candidates for the government study commission shall be electors. Each candidate shall be nominated by nomination papers signed by a number...
• Section 2914 - Results Of Election
  The result of the votes cast for and against the question as to the election of a government study commission shall be returned by...
• Section 2915 - Oath Of Office Of Members Of Commission
  (a) Members elected on countywide basis.--As soon as possible and in any event no later than ten days after its certification of election, the...
• Section 2916 - First Meeting Of Commission
  (a) Procedure.--As soon as possible and in any event no later than 15 days after its certification of election, the government study commission shall...
• Section 2917 - Vacancies
  In case of a vacancy in the government study commission, the remaining members of the commission shall fill it by appointing thereto some other...
• Section 2918 - Function And Duty Of Commission
  The government study commission shall study the form of government of the municipality to compare it with other available forms under the laws of...
• Section 2919 - Compensation And Personnel
  (a) Compensation and expenses of members.--Members of the government study commission shall serve without compensation, but shall be reimbursed by the municipality for their...
• Section 2920 - Hearings And Public Forums
  The government study commission shall hold one or more public hearings, may hold private hearings and sponsor public forums and generally shall provide for...
• Section 2921 - Report Of Findings And Recommendations
  (a) General rule.--The government study commission shall report its findings and recommendations to the citizens of the municipality within nine months from the date...
• Section 2922 - Discharge Of Petition And Amended Reports
  (a) General rule.--The government study commission shall be discharged upon the filing of its report, but, if the commission's recommendations require further procedure in...
• Section 2923 - Types Of Action Recommended
  The government study commission shall report and recommend in accordance with the question presented to the electorate as provided in section 2911 (relating to...
• Section 2924 - Specificity Of Recommendations
  (a) Optional plan of government.-- (1) If the government study commission report recommends the adoption or the amendment of any of the optional plans...
• Section 2925 - Form Of Question On Form Of Government
  The question to be submitted to the voters for the adoption of a home rule charter or any of the optional plans of government...
• Section 2926 - Submission Of Question On Form Of Government
  If the government study commission recommends that the question of adopting a home rule charter or one of the optional plans of government authorized...
• Section 2927 - Limitation On Enactment Of Ordinance Or Filing Of Petition
  (a) General rule.--An ordinance may not be passed and a petition may not be filed for the election of a government study commission pursuant...
• Section 2928 - Time When Change Of Form Of Government Takes Effect
  Whenever the electors by a majority of those voting on the question vote in favor of adopting a change in their form of government...
• Section 2929 - Limitation On Changing New Form Of Government
  The voters of any municipality which has adopted a home rule charter or an optional plan of government pursuant to this subpart may not...
• Section 2930 - Status Of Forms Of Government Provided In Subpart
  For the purposes of this subpart, each of the optional forms of government provided by this subpart and each of those optional forms as...

Subchapter C.  Amendment of Existing Charter or Optional Plan

• Section 2941 - Procedure For Amendment Of Charter Or Optional Plan
  (a) Procedure.--The procedure for amending a home rule charter or optional plan of government shall be through the initiative procedure and referendum or ordinance...
• Section 2942 - Initiation Of Amendment By Electors Or Council
  A referendum on the question of amendment of a home rule charter or an optional plan of government may be initiated by petition of...
• Section 2943 - Petition For Referendum Or Ordinance Proposing Amendment
  (a) Filing.--A petition containing a proposal for referendum on the question of amending a home rule charter or an optional plan of government signed...
• Section 2944 - Time And Manner Of Submission Of Question
  A referendum on the question of the amendment of a home rule charter or an optional plan of government shall be held when the...

Subchapter D.  Conduct of Election

• Section 2951 - Conduct And Results Of Election
  All elections provided for in this subpart shall be conducted by the election officials for such municipality in accordance with the act of June...
• Section 2952 - Notice Of Election
  At least 30 days' notice of each election provided for under this subpart shall be given by the clerk or secretary of the municipality....

Subchapter E.  General Powers and Limitations of Home Rule Charter Municipalities

• Section 2961 - Scope Of Powers Of Home Rule
  A municipality which has adopted a home rule charter may exercise any powers and perform any function not denied by the Constitution of Pennsylvania,...
• Section 2962 - Limitation On Municipal Powers
  (a) Powers granted by statute.--With respect to the following subjects, the home rule charter shall not give any power or authority to the municipality...
• Section 2963 - Exercise Of Municipal Powers By Home Rule County
  A county which has adopted a home rule charter shall not at any time thereafter exercise within any municipality in the county a power...
• Section 2964 - General Powers Of Municipalities
  Municipalities adopting a home rule charter shall have the power to: (1) Sue and be sued. (2) Have a corporate seal. (3) Contract and...
• Section 2965 - Recording And Filing Of Charter
  The municipal clerk or secretary shall have the new charter as approved by the qualified electors recorded in the ordinance books and shall also...
• Section 2966 - Continuation Of Office Of Existing Elective Officials
  All elective officials in office at the time of the adoption of a home rule charter shall continue in office until their terms expire.
• Section 2967 - Repeal Of Home Rule Charter
  (a) General rule.--The procedure for repeal of a home rule charter shall be the same as for adoption of a home rule charter. Whenever...

Subchapter F.  General Provisions and Limitations for Optional Plan Municipalities

• Section 2971 - Law Applicable To Optional Plan
  Upon the adoption by the electors of any of the optional plans of government as set forth in this subpart, the municipality shall thereafter...
• Section 2972 - Recording And Filing Of Plan
  The municipal clerk or secretary shall immediately cause the new plan of government as adopted to be recorded in the ordinance book of the...
• Section 2973 - Scope Of Powers Of Optional Plan
  The general grant of municipal power under this subpart is intended to confer the greatest power of self government consistent with the Constitution of...
• Section 2974 - Limitation On Powers Of Optional Plan
  The optional plan of any municipality adopted in accordance with this subpart shall not give any power or authority to diminish any rights or...

Subchapter G.  Miscellaneous Provisions

• Section 2981 - Limitation On Local Municipality
  No local municipality within a county shall supersede or exercise any power, function or service presently exercised by the county.
• Section 2982 - Retention Of Existing Form Of Government
  Each municipality which does not adopt a home rule charter or an optional plan under this subpart shall retain its existing form of government...
• Section 2983 - Retention Of Existing Form Of Government When Electors Disapprove Proposal
  In case the electors of any municipality disapprove a proposal to adopt a home rule charter or an optional plan of government, the municipality...
• Section 2984 - Assumption Of Functions Previously Assumed By Other Municipality
  (a) Assumption of indebtedness.--A municipality assuming a function previously performed by another municipality under the terms of this subchapter shall also assume all the...

Last modified: October 8, 2016