THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ORIE, PIPPY, ALLOWAY, BAKER, BOSCOLA, BREWSTER, BROWNE, BRUBAKER, COSTA, EARLL, EICHELBERGER, ERICKSON, FERLO, FOLMER, FONTANA, GORDNER, GREENLEAF, MENSCH, PILEGGI, RAFFERTY, ROBBINS, SOLOBAY, WARD, WAUGH, D. WHITE, M. WHITE, WOZNIAK AND YUDICHAK, FEBRUARY 4, 2011

REFERRED TO LOCAL GOVERNMENT, FEBRUARY 4, 2011  

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in area government and

intergovernmental cooperation, providing for agreements with

municipal authorities; and further providing for review of

agreement by Local Government Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 2303.1.  Agreements with municipal authorities.

(a)  General rule.--One or more local governments in this

Commonwealth, upon the passage of an ordinance containing the

elements set forth under section 2307 (relating to content of

ordinance), and one or more municipal authorities created under

Chapter 56 (relating to municipal authorities) or under the

former act of May 2, 1945 (P.L.382, No.164), known as the

Municipality Authorities Act of 1945, upon the passage of a

resolution containing the elements set forth under section 2307,

may jointly enter into an agreement to cooperate in the exercise

or in the performance of their respective functions, powers or

responsibilities.

(b)  Limitations.--An agreement entered into pursuant to this

section shall not do any of the following:

(1)  Delegate or transfer the governmental powers or

functions of a local government to a municipal authority,

unless the municipal authority, by law, has been granted the

authority to exercise the governmental powers or functions.

(2)  Enlarge or diminish the powers of a municipal

authority beyond those authorized and permitted by law.

(c)  Review.--Agreements executed pursuant to this section

need not be submitted to the Local Government Commission for

review.

Section 2.  Section 2314 of Title 53 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] 90 

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] 90 

days of receipt of the agreement shall constitute a

recommendation in favor of the agreement.

Section 3.  This act shall take effect in 60 days.