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| PRIOR PRINTER'S NOS. 1733, 1750, 2204 | PRINTER'S NO. 2237 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EARLL, SCHWANK, EICHELBERGER, YAW, VANCE, SMUCKER, BLAKE, FOLMER, PICCOLA, ROBBINS AND FONTANA, OCTOBER 31, 2011 |
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| AMENDED ON THIRD CONSIDERATION, JUNE 4, 2012 |
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| AN ACT |
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1 | Amending the act of July 10, 1987 (P.L.246, No.47), entitled "An |
2 | act empowering the Department of Community Affairs to declare |
3 | certain municipalities as financially distressed; providing |
4 | for the restructuring of debt of financially distressed |
5 | municipalities; limiting the ability of financially |
6 | distressed municipalities to obtain government funding; |
7 | authorizing municipalities to participate in Federal debt |
8 | adjustment actions and bankruptcy actions under certain |
9 | circumstances; and providing for consolidation or merger of |
10 | contiguous municipalities to relieve financial distress," |
11 | further providing for definitions, for contents, for plan not |
12 | affected by certain collective bargaining agreements or |
13 | settlements, for filing municipal debt adjustment under |
14 | Federal law and for collective bargaining agreements, |
15 | furlough of employees and disputes. |
16 | The General Assembly of the Commonwealth of Pennsylvania |
17 | hereby enacts as follows: |
18 | Section 1. Section 103 of the act of July 10, 1987 (P.L.246, |
19 | No.47), known as the Municipalities Financial Recovery Act, is |
20 | amended by adding definitions to read: |
21 | Section 103. Definitions. |
22 | The following words and phrases when used in this act shall |
23 | have the meanings given to them in this section unless the |
24 | context clearly indicates otherwise: |
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1 | "Arbitration settlement." An adjustment or settlement of a |
2 | collective bargaining agreement or dispute. The term includes a |
3 | final or binding arbitration award or other determination. |
4 | * * * |
5 | "Plan" or "recovery plan." A recovery plan developed under |
6 | this act. |
7 | * * * |
8 | Section 2. Section 241(1) of the act, amended June 30, 1992 |
9 | (P.L.336, No.69), is amended and the section is amended by |
10 | adding a paragraph to read: |
11 | Section 241. Contents. |
12 | A plan formulated by the appointed coordinator shall be |
13 | consistent with applicable law and shall include any of the |
14 | following factors which are relevant to alleviating the |
15 | financially distressed status of the municipality: |
16 | (1) Projections of revenues and expenditures for the |
17 | current year and the next [two] three years, both assuming |
18 | the continuation of present operations and as impacted by the |
19 | measures in the plan. The projections must include an |
20 | itemization of the following: |
21 | (i) Projected revenues, including: |
22 | (A) Local taxes. |
23 | (B) Licenses, permits and fines. |
24 | (C) Sales and rentals. |
25 | (D) Federal, State and county grants and loans. |
26 | (E) Any other sources of projected revenue. |
27 | (ii) Projected expenditures, including: |
28 | (A) Debt service. |
29 | (B) Workforce. |
30 | (C) Elected and executive officials. |
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1 | (D) Financial management. |
2 | (E) Infrastructure costs including highways, |
3 | roads and wastewater systems. |
4 | (F) Maintenance costs, including recycling and |
5 | trash collection, disposal and removal. |
6 | (G) Other professional services. |
7 | (H) Public safety. |
8 | (I) Community and economic development. |
9 | (J) Any other applicable expenditures. |
10 | * * * |
11 | (11) Notwithstanding any other provision of law, limits |
12 | on projected expenditures for individual collective |
13 | bargaining units that may not be exceeded by the distressed |
14 | municipality, giving due consideration to the projection of |
15 | revenue and expenses under paragraph (1). |
16 | Section 3. Sections 252, 261 and 408(a) and (b) of the act |
17 | are amended to read: |
18 | Section 252. Plan not affected by certain collective bargaining |
19 | agreements or settlements. |
20 | [A] (a) General rule.--Except as provided in subsection (b), |
21 | a collective bargaining agreement or arbitration settlement |
22 | executed after the adoption of a plan shall not in any manner |
23 | violate, expand or diminish its provisions. |
24 | (b) Arbitration settlements for policemen and firemen.--An |
25 | arbitration settlement rendered under the act of June 24, 1968 |
26 | (P.L.237, No.111), referred to as the Policemen and Firemen |
27 | Collective Bargaining Act, may deviate from the plan, but only |
28 | if the arbitration settlement: |
29 | (1) except as set forth in subsection (b.1), will not |
30 | cause the distressed municipality to exceed any limits on |
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1 | expenditures for individual collective bargaining units |
2 | imposed under the plan; |
3 | (2) will not further jeopardize the financial stability |
4 | of the distressed municipality, as measured by the criteria |
5 | set forth in section 201; and |
6 | (3) is not inconsistent with the policy objectives set |
7 | forth in section 102(a) to relieve the financial distress of |
8 | the distressed municipality. |
9 | (b.1) Exception.--Subsection (b)(1) shall not apply to a |
10 | limit on expenditures for an individual bargaining unit that is |
11 | determined to be arbitrary, capricious or established in bad |
12 | faith. |
13 | (c) Hearing before board of arbitration and expert |
14 | testimony.--The issue of whether an arbitration settlement |
15 | deviating from the plan satisfies the criteria under subsection |
16 | (b) and any exception under subsection (b.1) must be determined |
17 | by a board of arbitration appointed under the Policemen and |
18 | Firemen Collective Bargaining Act and reflected in findings of |
19 | fact that are supported by substantial evidence and consistent |
20 | with this section. During the hearing, the testimony of experts |
21 | in municipal finance, called by the distressed municipality or |
22 | the collective bargaining organization, is admissible as |
23 | evidence before the board. An arbitration settlement deviating |
24 | from the plan must be supported by the credible testimony of an |
25 | expert in municipal finance that the arbitration settlement |
26 | satisfies the criteria in subsection (b) and any exception under |
27 | subsection (b.1). For purposes of this subsection, the term |
28 | "expert in municipal finance" means an individual holding an |
29 | advanced degree who has at least eight years of experience in |
30 | issues relating to municipal finance. |
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1 | (d) Review by coordinator.--An arbitration settlement |
2 | deviating from the plan under subsection (b) must be provided to |
3 | the coordinator by the chairman of the board of arbitration |
4 | within 48 hours of issuance. The coordinator shall review the |
5 | arbitration settlement to determine whether it violates this |
6 | section. |
7 | (e) Appeal.--The distressed municipality, collective |
8 | bargaining organization and the coordinator or secretary have |
9 | the right to appeal to Commonwealth Court from an arbitration |
10 | settlement which deviates from the plan under subsection (b). |
11 | (1) An appeal must be commenced not later than 30 days |
12 | after issuance of the arbitration settlement. |
13 | (2) The record of the arbitration settlement becomes |
14 | part of the record on appeal. The court may also supplement |
15 | the record. |
16 | (3) To the extent an appeal alleges that an arbitration |
17 | settlement violates this section, the standard of review |
18 | governing an appeal from an arbitration settlement governed |
19 | by this section shall be de novo. The court shall not be |
20 | bound by the factual or legal conclusions of the board of |
21 | arbitration. Nothing in this subsection shall be construed to |
22 | otherwise affect the scope or standard of review applicable |
23 | to certiorari review of arbitration awards. |
24 | (4) The coordinator's decision setting a limit on |
25 | expenditures for an individual collective bargaining unit |
26 | under section 241(11) shall not be disturbed on appeal unless |
27 | the limit is determined to be arbitrary, capricious or |
28 | established in bad faith. |
29 | Section 261. Filing municipal debt adjustment under Federal |
30 | law. |
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1 | (a) Authorization.--In the event one of the following |
2 | conditions is present, a municipality [is hereby authorized] | <-- |
3 | must to apply to the department to file a municipal debt | <-- |
4 | adjustment action pursuant to the Bankruptcy Code (11 U.S.C. § |
5 | 101 et seq.): |
6 | (1) [After recommendation by the plan coordinator | <-- |
7 | pursuant to section 241(6). |
8 | (2)] Imminent jeopardy of an action by a creditor, | <-- |
9 | claimant or supplier of goods or services which is likely to |
10 | substantially interrupt or restrict the continued ability of |
11 | the municipality to provide health or safety services to its |
12 | citizens. |
13 | [(3)] (2) One or more creditors of the municipality have | <-- |
14 | rejected the proposed or adopted plan, and efforts to |
15 | negotiate resolution of their claims have been unsuccessful |
16 | for a ten-day period. |
17 | [(4)] (3) A condition substantially affecting the | <-- |
18 | municipality's financial distress is potentially solvable |
19 | only by utilizing a remedy exclusively available to the |
20 | municipality through the Federal Municipal Debt Readjustment |
21 | Act (48 Stat. 798). |
22 | [(5)] (4) A majority of the current or immediately | <-- |
23 | preceding governing body of a municipality determined to be |
24 | financially distressed has failed to adopt a plan or to carry |
25 | out the recommendations of the coordinator pursuant to this |
26 | act. |
27 | (b) Majority vote.--This authority may be exercised only |
28 | upon the vote by a majority of the municipality's governing |
29 | body. |
30 | (c) Secretary.--Upon application under subsection (a), the |
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1 | secretary shall, within 30 days, determine whether to approve or | <-- |
2 | deny the application on the basis that one of the criteria under | <-- |
3 | subsection (a) has been met. Failure to act within the time |
4 | period under this subsection shall be deemed an approval a | <-- |
5 | denial of the application. |
6 | Section 408. Collective bargaining agreements; furlough of |
7 | employees; disputes. |
8 | (a) Collective bargaining contracts, agreements or |
9 | arbitration [awards] settlements.--A collective bargaining |
10 | agreement or contract in existence in a municipality or an |
11 | arbitration [award] settlement in effect in a municipality prior |
12 | to a consolidation or merger shall remain effective after |
13 | consolidation or merger until the contract, agreements or |
14 | [awards] settlements expire. After the expiration of the |
15 | contracts, agreements or [awards] settlements, a subsequent |
16 | collective bargaining agreement, contract or [award] settlement |
17 | shall not impair the implementation of a plan adopted pursuant |
18 | to this act. |
19 | (b) Reduction in existing work force.--Subsequent to |
20 | consolidation or merger, the consolidated or merged municipality |
21 | may, in accordance with existing contracts or arbitration |
22 | [award] settlement provisions and consistent with applicable |
23 | laws, reduce the number of uniformed and nonuniformed employees |
24 | to avoid overstaffing and duplication of positions in the |
25 | consolidated or merged municipality. If a consolidated or merged |
26 | municipality determines in its discretion that it is necessary |
27 | to increase the number of uniformed or nonuniformed employees, |
28 | employees of the constituent municipalities shall be reinstated |
29 | in the order of their seniority if they had been previously |
30 | furloughed. |
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1 | * * * |
2 | Section 4. This act shall take effect in 60 days. |
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