Section 12005.1 - Dissolution of and withdrawal from county departments of health(a) A single-county department of health may be dissolved by a referendum conducted in accordance with the procedure set forth in subsection (c) hereof or by a majority vote of the governing body.(b) Any county that is a member of a joint-county department of health may withdraw from the department by conducting a referendum conducted in accordance with the procedure set forth in subsection (c) hereof or by a majority vote of the governing body.(c) A petition requesting the dissolution or withdrawal shall be signed by qualified electors of the county equal in number to at least ten per centum (10%) of the highest total vote cast for any county office at the last municipal election. The petition shall be in the form required for nomination petitions by the election laws of the Commonwealth, except that the said petition shall be circulated no earlier than five years following the date of establishment of the county health department or joint-county health department nor earlier than five years following another referendum on the same question, and shall be circulated for not more than six (6) months prior to the last filing day which shall be ninety (90) days before the general or municipal election at which it is desired to submit the question. The petition shall be filed with the county board of elections and the validity of the petition and any objections thereto shall be determined in accordance with the election laws of the Commonwealth. After the validity of the petitions in all the counties affected has been determined, the county commissioners shall cause the question to be submitted at the next general or municipal election, whichever is sooner, so long as such election is to occur at least thirty (30) days after the validity has been determined. The question shall be submitted on the ballot or on voting machines in the manner provided by the election laws of the Commonwealth and shall be in substantially the following forms:
(1) For the continuance or dissolution of a single-county department of health-- Shall .............................. County continue its county department of health? Yes .............................. No ..............................
(2) For the continuance in or withdrawal from a joint-county department of health-- Shall .............................. County continue to be a member of the joint-county department of health? Yes .............................. No ..............................
The election on this question shall be governed in all respects by the election laws of the Commonwealth insofar as they are applicable. For the dissolution of a single-county department of health or withdrawal from a joint-county department of health, a majority of all votes cast in each county upon the question must be against the continuance of the department or against the continuance of membership in the department, as the case may be.
(d) When in the case of a single-county department the voters elect to dissolve the department, or in the case of a joint-county department the voters elect to withdraw, no new department of health may be established by resolution nor may the commissioners resolve to join with another county or other counties to establish a joint department within five years of the dissolution.1951, Aug. 24, P.L. 1304, § 5.1, added 1959, Dec. 16, P.L. 1847, § 2. Amended 1961, Sept. 19, P.L. 1474, § 1, imd. effective; 2004, Nov. 29, P.L. 1343, No. 172, § 3, effective 1/28/2005.