Bill Text: PA HB1165 | 2009-2010 | Regular Session | Introduced

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Bill Title: In area government and intergovernmental cooperation, further providing for review of agreement by Local Government Commission.

Sponsorship: Moderate Partisan Bill (Republican 14-4)

Status: (Introduced - Dead) 2009-06-02 - Re-committed to APPROPRIATIONS [HB1165 Detail]

Download: Pennsylvania-2009-HB1165-Introduced.html

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PRINTER'S NO. 1387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1165 Session of2009
INTRODUCED BY GINGRICH, BOYD, TURZAI, HENNESSEY, CLYMER, CREIGHTON, FREEMAN, GEIST, HARHART, M. KELLER, KORTZ, MAJOR, ROCK, SIPTROTH, SWANGER, VULAKOVICH AND YOUNGBLOOD, APRIL 1, 2009
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS, APRIL 1, 2009
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in area government and
intergovernmental cooperation, further providing for review
of agreement by Local Government Commission.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2314 of Title 53 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2314. [Review of agreement by Local Government Commission.
Every agreement between a local government and the
Commonwealth, any other state, government of another state or
the Federal Government under the provisions of this subchapter
shall, prior to and as a condition precedent to enactment of an
ordinance, be submitted to the Local Government Commission for
review and recommendation. The commission shall within 60 days
of receipt of the agreement determine whether it is in proper
form and compatible with the laws of this Commonwealth. Failure
of the commission to make recommendations within 60 days of
receipt of the agreement shall constitute a recommendation in
favor of the agreement.] Required review of specified
agreements.
(a) General rule.--Every agreement between a local
government and the Federal Government, the Commonwealth, any
other state or government of another state under the provisions
of this subchapter shall, prior to and as a condition precedent
to enactment of an ordinance, be submitted to the Local
Government Commission for review and recommendation.
(b) Commission review.--
(1) The commission shall, within 90 days of receipt of
the agreement, provide to the local government or other party
submitting the agreement an advisory written response of its
review of, and any recommended changes to, the agreement with
regard to form and compatibility with the laws of this
Commonwealth.
(2) If an agreement has been submitted to the commission
for review as required by this subsection, the failure of the
commission to provide an advisory written response within 90
days of receipt of the agreement shall not bar or impede the
effectiveness or implementation of the agreement.
(c) Committee review.--
(1) In all cases involving an agreement between a local
government and the Commonwealth, in addition to the
requirements of subsection (b), the Commonwealth, after
receipt of the commission's advisory written response or
after 90 days have elapsed without a written response from
the commission, whichever is sooner, shall submit the
agreement to the Appropriations Committee of the Senate and
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the Appropriations Committee of the House of Representatives
for their review, preparation of a fiscal note and, if deemed
necessary by either committee, a public hearing.
(2) (i) Notwithstanding the passage of an ordinance in
accordance with section 2315 (relating to effect of joint
cooperation agreements), no agreement between a local
government and the Commonwealth shall be deemed in force
and binding as to either the Commonwealth or a local
government until 180 days have elapsed from the date that
the agreement has been submitted by the Commonwealth to
the committees.
(ii) The requirements of subparagraph (i) shall not
apply to any agreement necessary to respond to a disaster
emergency or local emergency as those terms are defined
in 35 Pa.C.S. § 7102 (relating to definitions).
Section 2. This act shall take effect in 60 days.
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