SB 764 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in alteration of territory or corporate entity and dissolution, further providing for conduct of referenda and for court review of transitional plan.
Last action — Laid on the table
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill has passed the Senate. Introduced May 22, 2025. It now moves to the second chamber.
Next likely step: consideration and a floor vote in the House.
Prognosis
Where this bill stands today.
Odds of enactment
ModerateHow often bills like it became law.
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Passed Senate
Current position in the legislative process.
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2 sponsors
1 primary, 1 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 R).
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Cleared a recorded vote
Passed 5 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
63 added · 60 removedPlain-language change summary
The recent amendment to Bill SB 764 adds a provision allowing a court to order a new referendum regarding the consolidation or merger of municipalities. This change is significant because it provides residents an additional legal avenue to ensure that municipal government structures can be updated or re-evaluated if the existing plans are deemed inadequate. By empowering the courts to initiate a new vote, it strengthens the democratic process and ensures that community voices can be heard in decisions impacting local governance.
HOUSE AMENDED PRINTER'S NO.
1322 PRIOR PRINTER'S NO.
764 2025 INTRODUCED BY DUSH AND BROWN, MAY 22, 2025 REFERREDAS TOREPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, MAYHOUSE 22,OF REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 2025 AN ACT Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in alteration of territory or corporate entity and dissolution, further providing for conduct of referenda and for court review of transitional plan.
(a.1) Suspend implementation.-- (1) In the case of the approval of a referendum initiated under section 735 (relating to initiative of electors seeking consolidation or merger without new home rule charter) or 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), the governing body of a municipality to be consolidated or merged may petition the court of common pleas any time prior to the effective date of the consolidation or merger by resolution to find that, because of alleged or apparent fraud, error or material loss impacting the finances of one 20250SB0764PN1322 - 2 - of the municipalities to be consolidated or merged that 20250SB0764PN0820 - 2 - occurred prior to the date of the initial referendum and was not disclosed in any official proceeding under this chapter or other law, implementation of the consolidation or merger should be suspended.
§ 735 or 735.1 held on or after November 1, 2021.2021 THE EFFECTIVE DATE OF THIS SECTION.
<-- Section 3.
20250SB0764PN082020250SB0764PN1322 - 3 -
Compared against the Pennsylvania Consolidated Statutes as published AI-generated reading aid — verify against the official bill.
The bill adds a new provision allowing for the suspension of implementation of a consolidation or merger due to alleged fraud, with a new referendum ordered by the court.
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53 Pa.C.S. § 741
(a.1) Suspend implementation.--(1) In the case of the approval of a referendum initiated under section 735 (relating to initiative of electors seeking consolidation or merger without new home rule charter) or 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), the governing body of a municipality to be consolidated or merged may petition the court of common pleas any time prior to the effective date of the consolidation or merger by resolution to find that, because of alleged or apparent fraud, error or material loss impacting the finances of one of the municipalities to be consolidated or merged that occurred prior to the date of the initial referendum and was not disclosed in any official proceeding under this chapter or other law, implementation of the consolidation or merger should be suspended.
This establishes a procedure for a governing body to request that the implementation of a consolidation or merger be put on hold due to issues affecting one of the municipalities.
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53 Pa.C.S. § 741
(2) The court shall hold a hearing on the petition under paragraph (1) and order that a new referendum, replacing the previously held referendum, be held under section 736 if the court finds that the governing body's petition was supported by substantial evidence.
This allows the court to mandate a new referendum if the governing body's claims are substantiated.
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53 Pa.C.S. § 741
(3) If a referendum is ordered under paragraph (2), the adoption or implementation of the consolidation or merger agreement that is the subject of the petition shall be suspended until a new referendum is approved.
This stipulates that the implementation of the consolidation or merger is postponed until the outcome of the new referendum.
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53 Pa.C.S. § 736
as provided for in subsection (b)[.];→ as provided for in subsection (b); or (2) a new referendum ordered by a court under section 741(a.1) (relating to court review of transitional plan).This clarifies that a five-year moratorium does not apply if a new referendum is ordered by a court.
Action History
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Laid on the table
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First consideration
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Reported as amended
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Referred to Local Government
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Third consideration and final passage
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Re-reported as committed
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Re-referred to Appropriations
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Second consideration
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First consideration
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Reported as committed
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Referred to Local Government
Sponsors
- Cris Dush · Primary
- Rosemary M. Brown · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 1 co-sponsors · 251 not signed on
Sponsors (1)
- Cris Dush Republican
Co-sponsors (1)
- Rosemary M. Brown Republican
Not signed on (251)
251 members have not signed on to this bill.
Show all 251 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 26 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (26)
| Member | Party | Vote |
|---|---|---|
| Abigail Salisbury | Democratic | Yea |
| Brian Munroe | Democratic | Yea |
| Carol Kazeem | Democratic | Yea |
| Christina D. Sappey | Democratic | Yea |
| Dave Madsen | Democratic | Yea |
| Ismail Smith-Wade-El | Democratic | Yea |
| Jim Haddock | Democratic | Yea |
| Jim Prokopiak | Democratic | Yea |
| Justin C. Fleming | Democratic | Yea |
| Kyle Donahue | Democratic | Yea |
| Lisa A. Borowski | Democratic | Yea |
| Liz Hanbidge | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Tarah Probst | Democratic | Yea |
| Alec J. Ryncavage | Republican | Yea |
| Andrew Kuzma | Republican | Yea |
| Brett R. Miller | Republican | Yea |
| Chad G. Reichard | Republican | Yea |
| Dane Watro | Republican | Yea |
| Eric J. Weaknecht | Republican | Yea |
| Jacob D. Banta | Republican | Yea |
| Jill N. Cooper | Republican | Yea |
| Parke Wentling | Republican | Yea |
| Roman Kozak | Republican | Yea |
| Tom Jones | Republican | Yea |
| Wendy Fink | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 14 | 0 | 0 | 0 |
| Republican | 12 | 0 | 0 | 0 |
| Total | 26 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (26)
| Member | Party | Vote |
|---|---|---|
| Abigail Salisbury | Democratic | Yea |
| Brian Munroe | Democratic | Yea |
| Carol Kazeem | Democratic | Yea |
| Christina D. Sappey | Democratic | Yea |
| Dave Madsen | Democratic | Yea |
| Ismail Smith-Wade-El | Democratic | Yea |
| Jim Haddock | Democratic | Yea |
| Jim Prokopiak | Democratic | Yea |
| Justin C. Fleming | Democratic | Yea |
| Kyle Donahue | Democratic | Yea |
| Lisa A. Borowski | Democratic | Yea |
| Liz Hanbidge | Democratic | Yea |
| Robert Freeman | Democratic | Yea |
| Tarah Probst | Democratic | Yea |
| Alec J. Ryncavage | Republican | Yea |
| Andrew Kuzma | Republican | Yea |
| Brett R. Miller | Republican | Yea |
| Chad G. Reichard | Republican | Yea |
| Dane Watro | Republican | Yea |
| Eric J. Weaknecht | Republican | Yea |
| Jacob D. Banta | Republican | Yea |
| Jill N. Cooper | Republican | Yea |
| Parke Wentling | Republican | Yea |
| Roman Kozak | Republican | Yea |
| Tom Jones | Republican | Yea |
| Wendy Fink | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 14 | 0 | 0 | 0 |
| Democratic | 8 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Amanda M. Cappelletti | Democratic | Yea |
| Art Haywood | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Timothy P. Kearney | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Cris Dush | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| Devlin J. Robinson | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Jarrett Coleman | Republican | Yea |
| Joe Picozzi | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Rosemary M. Brown | Republican | Yea |
| Scott Martin | Republican | Yea |
| Tracy Pennycuick | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 27 | 0 | 0 | 0 |
| Democratic | 23 | 0 | 0 | 0 |
| Total | 50 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Amanda M. Cappelletti | Democratic | Yea |
| Anthony H. Williams | Democratic | Yea |
| Art Haywood | Democratic | Yea |
| Carolyn T. Comitta | Democratic | Yea |
| Christine M. Tartaglione | Democratic | Yea |
| James Andrew Malone | Democratic | Yea |
| Jay Costa | Democratic | Yea |
| John I. Kane | Democratic | Yea |
| Judith L. Schwank | Democratic | Yea |
| Katie J. Muth | Democratic | Yea |
| Lindsey M. Williams | Democratic | Yea |
| Lisa M. Boscola | Democratic | Yea |
| Maria Collett | Democratic | Yea |
| Marty Flynn | Democratic | Yea |
| Nick Miller | Democratic | Yea |
| Nick Pisciottano | Democratic | Yea |
| Nikil Saval | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Sharif Street | Democratic | Yea |
| Steven J. Santarsiero | Democratic | Yea |
| Timothy P. Kearney | Democratic | Yea |
| Vincent J. Hughes | Democratic | Yea |
| Wayne D. Fontana | Democratic | Yea |
| Camera Bartolotta | Republican | Yea |
| Chris Gebhard | Republican | Yea |
| Cris Dush | Republican | Yea |
| Daniel Laughlin | Republican | Yea |
| David G. Argall | Republican | Yea |
| Dawn W. Keefer | Republican | Yea |
| Devlin J. Robinson | Republican | Yea |
| Doug Mastriano | Republican | Yea |
| Elder A. Vogel | Republican | Yea |
| Frank A. Farry | Republican | Yea |
| Gene Yaw | Republican | Yea |
| Greg Rothman | Republican | Yea |
| Jarrett Coleman | Republican | Yea |
| Joe Picozzi | Republican | Yea |
| Joe Pittman | Republican | Yea |
| Judy Ward | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Kristin Phillips-Hill | Republican | Yea |
| Lisa Baker | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Michele Brooks | Republican | Yea |
| Patrick J. Stefano | Republican | Yea |
| Rosemary M. Brown | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
| Scott Martin | Republican | Yea |
| Tracy Pennycuick | Republican | Yea |
| Wayne Langerholc | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 7 | 0 | 0 | 0 |
| Democratic | 4 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Carolyn T. Comitta | Democratic | Yea |
| James Andrew Malone | Democratic | Yea |
| Patty Kim | Democratic | Yea |
| Timothy P. Kearney | Democratic | Yea |
| Cris Dush | Republican | Yea |
| Dawn W. Keefer | Republican | Yea |
| Doug Mastriano | Republican | Yea |
| Kim L. Ward | Republican | Yea |
| Lynda Schlegel Culver | Republican | Yea |
| Rosemary M. Brown | Republican | Yea |
| Scott E. Hutchinson | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 764?
- SB 764 is sponsored by Cris Dush (Republican) and Rosemary M. Brown (Republican).
- What is the current status of SB 764?
- This bill has passed the Senate. Introduced May 22, 2025. It now moves to the second chamber.
- Where can I track SB 764?
- Track SB 764 free on One Click Politics — get push/email alerts when it moves.
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