HB 1777 — 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
 1   Amending Titles 35 (Health and Safety) and 53 (Municipalities
 2      Generally) of the Pennsylvania Consolidated Statutes, in
 3      local organizations and services, further providing for
 4      general authority of political subdivisions; and, in general
 5      provisions relating to government and administration, further
 6      providing for scope of subchapter, providing for definitions,
 7      further providing for establishment and designation,
 8      providing for emergency meetings by authorized
 9      telecommunications device, repealing provisions relating to
10      exercise of powers and functions, further providing for
11      declaration of policy and for definitions, repealing
12      provisions relating to enabling authority for emergency
13      interim successors for local offices, further providing for
14      emergency interim successors for local officers and for
15      succession period and repealing provisions relating to term
16      and removal of designees.
17      The General Assembly of the Commonwealth of Pennsylvania
18   hereby enacts as follows:
19      Section 1.    Section 7501(b) and (d) of Title 35 of the
20   Pennsylvania Consolidated Statutes are amended and the section
21   is amended by adding a subsection to read:
22   § 7501.    General authority of political subdivisions.
23      * * *
24      (b)    Declaration of disaster emergency.--A local disaster
 1   emergency may be declared by the governing body of a political
 2   subdivision upon finding a disaster has occurred or is imminent.
 3   The governing body of a political subdivision may authorize the
 4   mayor or other chief executive officer to declare a local
 5   disaster emergency subject to ratification by the governing
 6   body. The declaration shall not be continued or renewed for a
 7   period in excess of seven days except by [or with the consent]
 8   resolution of the governing body of the political subdivision[.]
 9   for an initial period not to exceed 21 days. Necessary
10   subsequent periods of continuation or renewal not exceeding 21
11   days shall be authorized by resolution. Any order or
12   proclamation declaring, continuing or terminating a local
13   disaster emergency shall be given prompt and general publicity
14   and shall be filed promptly with the agency. The effect of a
15   declaration of a local disaster emergency is to activate the
16   response and recovery aspects of any and all applicable local
17   emergency management plans and to authorize the furnishing of
18   aid and assistance thereunder.
19      * * *
20      (d)   Temporary suspension of formal requirements.--Each
21   political subdivision included in a declaration of disaster
22   emergency declared by either the Governor or the governing body
23   of the political subdivision affected by the disaster emergency
24   is authorized to exercise the powers vested under this section
25   in the light of the exigencies of the emergency situation
26   without regard to time-consuming procedures and formalities
27   prescribed by law (excepting mandatory constitutional
28   requirements) pertaining to the performance of public work,
29   entering into contracts, the incurring of obligations, the
30   employment of temporary workers, the rental of equipment, the

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 1   purchase of supplies and materials, the levying of taxes and the
 2   appropriation and expenditure of public funds. [Notwithstanding
 3   any other provision of law, the governing body of a political
 4   subdivision shall not be required to have a quorum physically
 5   present at any one location in order to conduct business if a
 6   quorum is otherwise established by the participating members
 7   through an authorized telecommunication device.]
 8      (d.1)    Meeting modifications during disaster emergency.--
 9   During a disaster emergency, the governing body of a political
10   subdivision shall not be required to have a quorum physically
11   present at any one location in order to conduct business if a
12   quorum is otherwise established by the participating members
13   through an authorized telecommunication device. The provisions
14   of 53 Pa.C.S. § 1122.1 (relating to emergency meetings by
15   authorized telecommunications device) shall apply to any meeting
16   held by the governing body of a municipality under this section.
17      * * *
18      Section 2.     Section 1121 of Title 53 is amended to read:
19   § 1121.    Scope of subchapter.
20      This subchapter applies to all [political subdivisions]
21   municipalities.
22      Section 3.     Title 53 is amended by adding a section to read:
23   § 1121.1.   Definitions.
24      The following words and phrases when used in this subchapter
25   shall have the meanings given to them in this section unless the
26   context clearly indicates otherwise:
27      "Authorized telecommunications device."     The term includes
28   any device which permits, at a minimum, audio communication
29   between individuals.
30      "Disaster emergency."     A disaster emergency declared under 35

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 1   Pa.C.S. § 7301 (relating to general authority of Governor) or
 2   7501 (relating to general authority of political subdivisions)
 3   that directly impacts a municipality's ability to provide
 4   services or hold a regular or special meeting of the governing
 5   body of the municipality.
 6      Section 4.   Section 1122 of Title 53 is amended to read:
 7   § 1122.   Establishment and designation.
 8      (a)    Meetings.--Whenever, due to [an] a disaster emergency
 9   [resulting from the effects of enemy attack or the anticipated
10   effects of a threatened enemy attack, it becomes imprudent,
11   inexpedient or impossible to conduct the affairs of local
12   government at the regular or usual place, the governing body of
13   each political subdivision of this Commonwealth may meet at any
14   place within or without the territorial limits of the political
15   subdivision.], it is unsafe, hazardous to human health or
16   impossible to conduct a regular or special meeting at the
17   location where the municipality's meetings are regularly held,
18   the governing body of each municipality of this Commonwealth may
19   meet at any place within the territorial limits of the
20   municipality, within the territorial limits of an adjacent
21   municipality or another location as near the municipality as
22   practical. The meeting may be held on the call of the presiding
23   officer [or any two members of the governing body], or an
24   emergency interim successor designated under section 1135
25   (relating to emergency interim successors for local officers) if
26   the presiding officer is incapacitated or unavailable, and shall
27   proceed to establish and designate, by ordinance, resolution or
28   other manner, alternate or substitute sites or places as the
29   emergency temporary location or locations of government where
30   all or any part of the public business may be transacted and

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 1   conducted during the emergency situation. These sites or places
 2   may be within or without the territorial limits of the
 3   [political subdivision] municipality and may be within or
 4   without this Commonwealth. Except in the case when it is unsafe,
 5   hazardous to human health or impossible, the governing body
 6   shall post information on how to access the meeting and the
 7   meeting's agenda at the entrance of the location where the
 8   municipality's meetings are regularly held.
 9      (b)   Extended authorization prohibited.--The authorization to
10   conduct meetings under subsection (a) shall expire after the
11   21st consecutive day following the disaster emergency
12   declaration unless the governing body of the municipality
13   establishes by resolution that:
14            (1)    the conditions necessitating the disaster emergency
15      declaration still exist to the extent that a meeting within
16      the municipality would be unsafe;
17            (2)    the meeting location outside of the municipality is
18      necessary because no suitable place to hold a meeting exists
19      within the municipality; or
20            (3)    it is essential to comply with a disaster emergency
21      declaration or proclamation of the Governor as extended by
22      the General Assembly.
23      Section 5.      Title 53 is amended by adding a section to read:
24   § 1122.1.      Emergency meetings by authorized telecommunications
25                  device.
26      (a)   Authorization.--Whenever the governing body of a
27   municipality is required to establish a quorum of members
28   physically present to conduct hearings, meetings, proceedings or
29   other business, the governing body may conduct its business
30   exclusively through the use of an authorized telecommunications

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 1   device only during a disaster emergency and only if the
 2   conditions that have rendered a meeting with the physical
 3   presence of the participants unsafe, hazardous to human health
 4   or impossible would be alleviated through the use of an
 5   authorized telecommunications device.
 6      (b)    Quorum.--A hearing, meeting, proceeding or other
 7   business conducted through an authorized telecommunications
 8   device under this subsection shall not require the physical
 9   presence at a meeting location of a quorum of the participating
10   members if a quorum is otherwise established by the
11   participating members through the authorized telecommunications
12   device.
13      (c)    Advance notice.--Unless prohibited by exigent
14   circumstances, the governing body of a municipality shall post
15   no less than 24 hours advance notice of each meeting conducted
16   under subsection (a) on the entity's publicly accessible
17   Internet website, if any, or in an advertisement in a newspaper
18   of general circulation, or both. Public notice shall include the
19   date, time, technology to be used and public participation
20   information as provided under subsection (d). The governing body
21   shall comply with any other notification requirement of 65
22   Pa.C.S. Ch. 7 (relating to open meetings) to the extent
23   practicable. Except in the case when it is unsafe, hazardous to
24   human health or impossible, the governing body shall post the
25   meeting agenda and information on how to access the meeting
26   under subsection (a) at the entrance of the location where the
27   municipality's meetings are regularly held.
28      (d)    Public participation.--To the extent practicable, the
29   governing body of a municipality shall allow for public
30   participation in a meeting, hearing or proceeding through an

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 1   authorized telecommunications device.
 2      (e)     Extended emergency meeting authorizations prohibited.--
 3   The authorization to conduct meetings by authorized
 4   telecommunications device under this section shall expire after
 5   the 21st consecutive day following the disaster emergency
 6   declaration unless the governing body of the municipality
 7   establishes by resolution that meeting by authorized
 8   telecommunications device is essential to comply with a disaster
 9   emergency declaration or proclamation of the Governor as
10   extended by the General Assembly.
11      Section 6.     Section 1123 of Title 53 is repealed:
12   [§ 1123.    Exercise of powers and functions.
13      During the period when the public business is being conducted
14   at the emergency temporary location or locations, the governing
15   body and other officers of a political subdivision of this
16   Commonwealth shall exercise at the location or locations all of
17   the executive, legislative and judicial powers and functions
18   conferred upon the governing body and officers by law. These
19   powers and functions may be exercised in the light of the
20   exigencies of the emergency situation without regard to time-
21   consuming procedures and formalities prescribed by law and
22   pertaining to them, and all acts of the governing body and
23   officers shall be as valid and binding as if performed within
24   the territorial limits of their political subdivision.]
25      Section 7.     Section 1132 of Title 53 is amended to read:
26   § 1132.    Declaration of policy.
27      [Because of the existing possibility of attack upon the
28   United States of unprecedented size and destructiveness and in
29   order, in the event of such an attack, to] To assure continuity
30   of government through legally constituted authority and

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 1   responsibility in offices of the municipalities of this
 2   Commonwealth, to provide for the effective operation of
 3   government during [an] a disaster emergency and to facilitate
 4   the early resumption of functions temporarily suspended, it is
 5   found and declared to be necessary to provide for emergency
 6   interim succession to offices of the municipalities of this
 7   Commonwealth in the event the incumbents and their deputies
 8   authorized to exercise all of the powers and discharge the
 9   duties of these offices, referred to in this subchapter as
10   deputies, are unavailable to exercise the powers and perform the
11   duties of these offices.
12      Section 8.    The definition of "attack" in section 1133 of
13   Title 53 is amended and the section is amended by adding a
14   definition to read:
15   § 1133.    Definitions.
16      The following words and phrases when used in this subchapter
17   shall have the meanings given to them in this section unless the
18   context clearly indicates otherwise:
19      ["Attack."    Any attack on the United States which causes or
20   may cause substantial damage or injury to civilian persons or
21   property in any manner by sabotage or by the use of bombs,
22   missiles or shellfire or by atomic, radiological, chemical,
23   bacteriological or biological means or other weapons or
24   processes.]
25      "Disaster emergency."    A disaster emergency declared under 35
26   Pa.C.S. § 7301 (relating to general authority of Governor) or
27   7501 (relating to general authority of political subdivisions).
28      * * *
29      Section 9.    Section 1134 of Title 53 is repealed:
30   [§ 1134.    Enabling authority for emergency interim successors

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 1                for local offices.
 2      With respect to local offices for which the legislative
 3   bodies of municipalities may enact resolutions or ordinances
 4   relative to the manner in which vacancies will be filled or
 5   temporary appointments to office made, the legislative bodies
 6   are authorized to enact resolutions or ordinances providing for
 7   emergency interim successors to offices. The resolutions and
 8   ordinances shall not be inconsistent with this subchapter.]
 9      Section 10.    Sections 1135 and 1137 of Title 53 are amended
10   to read:
11   § 1135.    Emergency interim successors for local officers.
12      [This section is applicable to officers of municipalities not
13   included in section 1134 (relating to enabling authority for
14   emergency interim successors for local offices).] Each officer[,
15   subject to any regulations as the executive head of the
16   municipality may issue, shall] may designate by title[, if
17   feasible, or by named person] one or more emergency interim
18   successors and specify their order of succession. The officer
19   shall review and revise, as necessary, designations made
20   pursuant to this subchapter. [The officer will designate a
21   sufficient number of persons so that there will be not less than
22   three deputies or emergency interim successors or any
23   combination of them.] If any officer or deputy of any
24   municipality is unavailable, the powers of the office shall be
25   exercised and the duties discharged by his designated emergency
26   interim successors in the order specified. The emergency interim
27   successors, in the order specified, shall exercise the powers
28   and discharge the duties of the office to which designated until
29   the vacancy is filled in accordance with the Constitution of
30   Pennsylvania or statutes or until the officer, or his deputy or

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 1   a preceding emergency interim successor, ceases to be
 2   unavailable.
 3   § 1137.    Succession period.
 4      Emergency interim successors may exercise the powers and
 5   discharge the duties of an office as authorized in this
 6   subchapter only [after an attack has occurred. The General
 7   Assembly, by concurrent resolution, may terminate the] during a
 8   disaster emergency. The authority of the emergency interim
 9   successors to exercise the powers and discharge the duties of
10   office as provided under this subchapter [.] shall terminate on
11   the selection, appointment or election of a permanent successor
12   as required by law.
13      Section 11.    Section 1138 of Title 53 is repealed:
14   [§ 1138.   Term and removal of designees.
15      Until the persons designated as emergency interim successors
16   are authorized to exercise the powers and discharge the duties
17   of an office in accordance with this subchapter, including
18   section 1137 (relating to succession period), these persons may
19   be removed or replaced by the designating authority at any time,
20   with or without cause.]
21      Section 12.    This act shall take effect in 60 days.




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