PRIOR PRINTER'S NO. 2211 PRINTER'S NO. 2384
No. 1496 Session of 2008
INTRODUCED BY REGOLA, PIPPY, FERLO, ARMSTRONG, BAKER, BOSCOLA,
BROWNE, BRUBAKER, CORMAN, COSTA, EARLL, EICHELBERGER,
ERICKSON, FOLMER, FUMO, GORDNER, GREENLEAF, KITCHEN, LOGAN,
McILHINNEY, ORIE, PILEGGI, RAFFERTY, RHOADES, WAUGH,
D. WHITE, WONDERLING, WOZNIAK AND ROBBINS, JUNE 19, 2008
AS AMENDED ON THIRD CONSIDERATION, SEPTEMBER 18, 2008
AN ACT
1 Amending Title 53 (Municipalities Generally) of the Pennsylvania
2 Consolidated Statutes, in area government and
3 intergovernmental cooperation, providing for agreements and <--
4 cooperation with municipal authorities; AND FURTHER PROVIDING <--
5 FOR REVIEW OF AGREEMENT BY LOCAL GOVERNMENT COMMISSION.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 53 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 2310.1 2303.1. Agreements and cooperation with municipal <--
11 authorities.
12 (a) General rule.--One or more local governments in this
13 Commonwealth, pursuant to UPON THE PASSAGE OF AN ordinance <--
14 containing the elements set forth under section 2307 (relating
15 to content of ordinance), and one or more municipal authorities
16 created under Chapter 56 (relating to municipal authorities) or
17 under the former act of May 2, 1945 (P.L.382, No.164), known as
18 the Municipality Authorities Act of 1945, pursuant to UPON THE <--
1 PASSAGE OF a resolution containing the elements set forth under
2 section 2307, may JOINTLY enter into an agreement to cooperate <--
3 in the exercise or in the performance of their respective
4 functions, powers or responsibilities.
5 (b) Limitations.--An agreement entered into pursuant to this
6 section shall not do any of the following:
7 (1) Delegate or transfer the governmental powers or
8 functions of a local government to a municipal authority,
9 unless the municipal authority, by law, has been granted the
10 authority to exercise the governmental powers or functions in <--
11 question.
12 (2) Enlarge or diminish the powers of a municipal
13 authority beyond those authorized and permitted by law.
14 (c) Review.--Agreements executed pursuant to this section
15 need not be submitted to the Local Government Commission for
16 review.
17 SECTION 2. SECTION 2314 OF TITLE 53 IS AMENDED TO READ: <--
18 § 2314. REVIEW OF AGREEMENT BY LOCAL GOVERNMENT COMMISSION.
19 EVERY AGREEMENT BETWEEN A LOCAL GOVERNMENT AND THE
20 COMMONWEALTH, ANY OTHER STATE, GOVERNMENT OF ANOTHER STATE OR
21 THE FEDERAL GOVERNMENT UNDER THE PROVISIONS OF THIS SUBCHAPTER
22 SHALL, PRIOR TO AND AS A CONDITION PRECEDENT TO ENACTMENT OF AN
23 ORDINANCE, BE SUBMITTED TO THE LOCAL GOVERNMENT COMMISSION FOR
24 REVIEW AND RECOMMENDATION. THE COMMISSION SHALL WITHIN [60] 90
25 DAYS OF RECEIPT OF THE AGREEMENT DETERMINE WHETHER IT IS IN
26 PROPER FORM AND COMPATIBLE WITH THE LAWS OF THIS COMMONWEALTH.
27 FAILURE OF THE COMMISSION TO MAKE RECOMMENDATIONS WITHIN [60] 90
28 DAYS OF RECEIPT OF THE AGREEMENT SHALL CONSTITUTE A
29 RECOMMENDATION IN FAVOR OF THE AGREEMENT.
30 Section 2 3. This act shall take effect in 60 days. <--
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