PRINTER'S NO. 503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
479
Session of
2017
INTRODUCED BY SCHEMEL, BENNINGHOFF, A. HARRIS, IRVIN, KAUFER,
KAUFFMAN, LONGIETTI, MILLARD, MOUL, NESBIT, PICKETT,
M. QUINN, SAYLOR AND ZIMMERMAN, FEBRUARY 14, 2017
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 14, 2017
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in intergovernmental cooperation,
further providing for ordinance, for content of ordinance,
for joint purchases with private educational establishments,
for required review of specified agreements and for effect of
joint cooperation agreements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2305, 2307, 2310, 2314(a) and 2315 of
Title 53 of the Pennsylvania Consolidated Statutes are amended
to read:
§ 2305. [Ordinance] Adoption of ordinance or resolution.
(a) Ordinances.--A local government may enter into
intergovernmental cooperation with or delegate any functions,
powers or responsibilities to another governmental unit [or],
local government or authority as defined in section 5602
(relating to definitions) upon the passage of an ordinance or
resolution by its governing body. If mandated by initiative and
referendum in the area affected, the local government shall
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adopt such an ordinance or resolution.
(b) Compliance by authorities.--An authority as defined in
section 5602 may not share or be delegated any function, power
or responsibility through an agreement under this subchapter
unless the function, power or responsibility is consistent with
both the law under which the authority was created and the
powers or purposes of the authority contained within its
articles of incorporation.
(c) Council of governing bodies.--A council or consortium of
governing bodies or similar entity may not be entered into
unless by ordinance.
§ 2307. Content of ordinance or resolution .
The ordinance or resolution adopted by the governing body of
a local government entering into intergovernmental cooperation
or delegating or transferring any functions, powers or
responsibilities to another local government, an authority as
defined in section 5602 (relating to definitions) or to a
council of governments, consortium or any other similar entity
shall specify:
(1) The conditions of agreement in the case of
cooperation with or delegation to other local governments,
the Commonwealth, other states or the Federal Government.
(2) The duration of the term of the agreement.
(3) The purpose and objectives of the agreement,
including the powers and scope of authority delegated in the
agreement.
(4) The manner and extent of financing the agreement.
(5) The organizational structure necessary to implement
the agreement.
(6) The manner in which real or personal property shall
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be acquired, managed, licensed or disposed of.
(7) That the entity created under this section shall be
empowered to enter into contracts for policies of group
insurance and employee benefits, including Social Security,
for its employees.
§ 2310. Joint purchases with private educational
establishments.
Any local government may, by ordinance or resolution,
authorize joint purchases of materials, supplies and equipment
with any private school, parochial school, private college or
university or nonprofit human services agency within the local
government. The ordinance or resolution shall require that the
school, college or agency shall be bound by the terms and
conditions of purchasing agreements which the local government
prescribes and that the school, college or agency shall be
responsible for payment directly to the vendor under each
purchase contract. Schools, colleges and agencies shall be
exempt from any existing statutory requirements governing
competitive bidding and execution of contracts with respect to
purchases under this section.
§ 2314. Required review of specified agreements.
(a) General rule.--An agreement between a local government
and the Federal Government, the Commonwealth, any other state or
government of another state under the provisions of this
subchapter shall, prior to and as a condition precedent to
enactment of an ordinance or resolution, be submitted to the
Local Government Commission for review and recommendation. An
agreement exclusively between a local government and an
authority as defined in section 5602 (relating to definitions)
shall not be subject to the requirements under this section.
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* * *
§ 2315. Effect of joint cooperation agreements.
Any joint cooperation agreement shall be deemed in force as
to any local government when the agreement has been adopted by
ordinance or resolution by all cooperating local governments.
After adoption by all cooperating local governments, the
agreement shall be binding upon the local government, and its
covenants may be enforced by appropriate remedy by any one or
more of the local governments against any other local government
which is a party to the agreement.
Section 2. This act shall take effect in 60 days.
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