PRIOR PRINTER'S NO. 1733

PRINTER'S NO.  1750

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1321

Session of

2011

  

  

INTRODUCED BY EARLL, SCHWANK, EICHELBERGER, YAW, VANCE, SMUCKER, BLAKE, FOLMER, PICCOLA, ROBBINS AND FONTANA, OCTOBER 31, 2011

  

  

SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED, NOVEMBER 1, 2011   

  

  

  

AN ACT

  

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Amending the act of July 10, 1987 (P.L.246, No.47), entitled "An

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act empowering the Department of Community Affairs to declare

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certain municipalities as financially distressed; providing

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for the restructuring of debt of financially distressed

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municipalities; limiting the ability of financially

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distressed municipalities to obtain government funding;

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authorizing municipalities to participate in Federal debt

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adjustment actions and bankruptcy actions under certain

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circumstances; and providing for consolidation or merger of

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contiguous municipalities to relieve financial distress," in

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coordination plans, further providing for collective

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bargaining; in consolidation and merger, further providing

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for collective bargaining; in financial distress for third

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class cities, further providing for consent decrees; and, in

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receivership for third class cities, further providing for

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confirmation.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 252 and 408 of the act of July 10, 1987

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(P.L.246, No.47), known as the Municipalities Financial Recovery

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Act, are amended to read:

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Section 252.  Plan not affected by certain collective bargaining

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[agreements or settlements] matters.

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A collective bargaining agreement, contract or [arbitration]

 


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settlement executed, and a collective bargaining arbitration

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award rendered, after the adoption of a plan shall not in any

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manner violate, expand or diminish its provisions.

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Section 408.  Collective bargaining [agreements] matters;

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furlough of employees; disputes.

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(a)  Collective bargaining agreements, contracts,

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[agreements] settlements or arbitration awards.--A collective

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bargaining agreement [or], contract or settlement in existence

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in a municipality or an arbitration award in effect in a

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municipality prior to a consolidation or merger shall remain

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effective after consolidation or merger until [the contract,

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agreements or awards expire. After the expiration of the

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contracts, agreements or awards, a] it expires. A subsequent

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collective bargaining agreement, settlement, contract or

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arbitration award shall not [impair the implementation] in any

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manner violate, expand or diminish the provisions of a plan

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adopted pursuant to this act.

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(b)  Reduction in existing work force.--Subsequent to

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consolidation or merger, the consolidated or merged municipality

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may, in accordance with existing collective bargaining

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agreements, contracts, settlements or arbitration award

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provisions, and consistent with applicable laws, reduce the

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number of uniformed and nonuniformed employees to avoid

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overstaffing and duplication of positions in the consolidated or

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merged municipality. If a consolidated or merged municipality

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determines in its discretion that it is necessary to increase

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the number of uniformed or nonuniformed employees, employees of

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the constituent municipalities shall be reinstated in the order

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of their seniority if they had been previously furloughed.

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(c)  Disputes.--The Pennsylvania Labor Relations Board shall

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have jurisdiction to determine labor disputes or controversies,

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except those arising out of interpretation or construction of a

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collective bargaining agreement containing provision for binding

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arbitration, between the consolidated or merged municipality and

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its employees.

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[(d)  Effect on existing law.--Nothing in this section shall

<--

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prohibit a consolidated or merged municipality from exercising

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its powers and responsibilities pursuant to provisions of law

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related to collective bargaining, including, but not limited to,

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the act of June 24, 1968 (P.L.237, No.111), referred to as the

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Policemen and Firemen Collective Bargaining Act, and the act of

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July 23, 1970 (P.L.563, No.195), known as the Public Employe

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Relations Act.]

<--

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Section 2.  Sections 607(f) and 704 of the act, added October

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20, 2011 (P.L.318, No.79), are amended to read:

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Section 607.  Consent agreement.

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* * *

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(f)  Collective bargaining.--A collective bargaining

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agreement, contract or [arbitration] settlement executed, and a

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collective bargaining arbitration award rendered, following

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enactment of an ordinance under this section may not in any

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manner violate, expand or diminish the provisions of the consent

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agreement.     

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Section 704.  Confirmation.

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(a)  Effect of confirmation.--The confirmation of the

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recovery plan and any modification to the receiver's plan under

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section 703 shall have the effect of:

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(1)  imposing on the elected and appointed officials of

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the distressed city or an authority a mandatory duty to

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undertake the acts set forth in the recovery plan;

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(2)  suspending the authority of the elected and

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appointed officials of the distressed city or an authority to

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exercise power on behalf of the distressed city or authority

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pursuant to law, charter, ordinance, rule or regulation to

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the extent that the power would interfere with the powers

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granted to the receiver or the goals of the recovery plan;

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and

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(3)  superseding the emergency action plan developed by

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the secretary under section 602.

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(b)  Form of government.--Confirmation of the recovery plan

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and any modification to the plan under section 703 shall not be

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construed to:

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(1)  change the form of government of the distressed city

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or an authority; or

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(2)  except as set forth in subsection (a), affect powers

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and duties of elected and appointed officials of the

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distressed city or an authority.

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(c)  Collective bargaining.--A collective bargaining

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agreement, contract or [arbitration] settlement executed, and a

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collective bargaining arbitration award rendered, after

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confirmation of a recovery plan may not in any manner violate,

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expand or diminish the provisions of the recovery plan.

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

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