A07101
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1047
Session of
2018
INTRODUCED BY COSTA, FONTANA AND VULAKOVICH, FEBRUARY 14, 2018
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
FEBRUARY 14, 2018
AN ACT
Amending the act of February 12, 2004 (P.L.73, No.11), entitled
"An act providing for intergovernmental cooperation in cities
of the second class; establishing an intergovernmental
authority; providing for financing, for bankruptcy and for
sovereign immunity; and making an appropriation," in
Intergovernmental Cooperation Authority for Cities of the
Second Class, further providing for term of existence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 204 of the act of February 12, 2004
(P.L.73, No.11), known as the Intergovernmental Cooperation
Authority Act for Cities of the Second Class, is amended to
read:
Section 204. Term of existence.
(a) Length.--The authority shall exist for a term of at
least seven years. If, after seven years, an assisted city has
had annual operating budgets and five-year financial plans
approved by the board for at least the three immediately
preceding years, the Secretary of Community and Economic
Development shall immediately certify that the authority is no
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longer needed, and the provisions of this chapter shall no
longer apply to the assisted city [90 days] immediately
following that certification. Upon termination of the authority,
records and documents of the authority shall be transferred to
the director of finance of the assisted city. The authority
shall submit a final report on its activities and the city's
fiscal condition to the Governor and the General Assembly within
60 days of its termination.
(b) Limitation.--The Secretary of Community and Economic
Development may not certify that the authority is no longer
necessary under subsection (a) until oversight is terminated
under the act of July 10, 1987 (P.L.246, No.47), known as the
Municipalities Financial Recovery Act[, or June 30, 2019,
whichever is later].
(b.1) Certification.--Notwithstanding any other provision of
this act, upon termination of oversight by the Secretary of
Community and Economic Development under the Municipalities
Financial Recovery Act, the Secretary of Community and Economic
Development shall immediately certify that the authority is no
longer needed. Upon certification by the Secretary of Community
and Economic Development under this subsection, the powers and
duties of the authority shall immediately expire and be null and
void.
(c) Redistribution.--
(1) If the authority is terminated under subsection (a)
or (b) and gaming revenue was distributed to and under the
exclusive control of the authority under 4 Pa.C.S. ยง [1403(c)
(3)(xv)] 1403(c)(3)(i) and (13) (relating to establishment of
State Gaming Fund and net slot machine revenue distribution),
the gaming revenue shall be redistributed to an assisted city
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to increase the level of funding to the municipal pension
funds of an assisted city.
(2) The gaming revenue shall be in addition to and shall
not replace the minimum obligation that the assisted city is
required to contribute to its pension funds under the act of
December 18, 1984 (P.L.1005, No.205), known as the Municipal
Pension Plan Funding Standard and Recovery Act.
(3) The provisions of this subsection shall continue
notwithstanding the termination of the authority under this
section.
Section 2. This act shall take effect immediately.
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