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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ORIE, PIPPY, PILEGGI, ALLOWAY, BAKER, BROWNE, BRUBAKER, COSTA, ERICKSON, FOLMER, FONTANA, GORDNER, GREENLEAF, KITCHEN, LOGAN, MUSTO, RAFFERTY, ROBBINS, WAUGH, D. WHITE, M. WHITE, WONDERLING AND BOSCOLA, FEBRUARY 19, 2009 |
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| REFERRED TO LOCAL GOVERNMENT, FEBRUARY 19, 2009 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, in area government and |
3 | intergovernmental cooperation, providing for agreements with |
4 | municipal authorities; and further providing for review of |
5 | agreement by Local Government Commission. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Title 53 of the Pennsylvania Consolidated |
9 | Statutes is amended by adding a section to read: |
10 | § 2303.1. Agreements with municipal authorities. |
11 | (a) General rule.--One or more local governments in this |
12 | Commonwealth, upon the passage of an ordinance containing the |
13 | elements set forth under section 2307 (relating to content of |
14 | ordinance), and one or more municipal authorities created under |
15 | Chapter 56 (relating to municipal authorities) or under the |
16 | former act of May 2, 1945 (P.L.382, No.164), known as the |
17 | Municipality Authorities Act of 1945, upon the passage of a |
18 | resolution containing the elements set forth under section 2307, |
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1 | may jointly enter into an agreement to cooperate in the exercise |
2 | or in the performance of their respective functions, powers or |
3 | responsibilities. |
4 | (b) Limitations.--An agreement entered into pursuant to this |
5 | section shall not do any of the following: |
6 | (1) Delegate or transfer the governmental powers or |
7 | functions of a local government to a municipal authority, |
8 | unless the municipal authority, by law, has been granted the |
9 | authority to exercise the governmental powers or functions. |
10 | (2) Enlarge or diminish the powers of a municipal |
11 | authority beyond those authorized and permitted by law. |
12 | (c) Review.--Agreements executed pursuant to this section |
13 | need not be submitted to the Local Government Commission for |
14 | review. |
15 | Section 2. Section 2314 of Title 53 is amended to read: |
16 | § 2314. Review of agreement by Local Government Commission. |
17 | Every agreement between a local government and the |
18 | Commonwealth, any other state, government of another state or |
19 | the Federal Government under the provisions of this subchapter |
20 | shall, prior to and as a condition precedent to enactment of an |
21 | ordinance, be submitted to the Local Government Commission for |
22 | review and recommendation. The commission shall within [60] 90 |
23 | days of receipt of the agreement determine whether it is in |
24 | proper form and compatible with the laws of this Commonwealth. |
25 | Failure of the commission to make recommendations within [60] 90 |
26 | days of receipt of the agreement shall constitute a |
27 | recommendation in favor of the agreement. |
28 | Section 3. This act shall take effect in 60 days. |
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