THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GINGRICH, BOYD, COHEN, D. COSTA, GEIST, HENNESSEY, M. K. KELLER, KORTZ, MAJOR, MILLER, ROSS, SWANGER, MURT, YOUNGBLOOD, SACCONE AND HARHART, JANUARY 24, 2011

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, APRIL 26, 2011   

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in area government and

intergovernmental cooperation, further providing for review

of agreement by Local Government Commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 2314 of Title 53 of the Pennsylvania

Consolidated Statutes 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 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 days of

receipt of the agreement shall constitute a recommendation in

favor of the agreement.] 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, be submitted to the Local Government

Commission for review and recommendation.

(b)  Commission review.--

(1)  The commission shall, within 90 days of receipt of

the agreement, provide to the local government or other party

submitting the agreement an advisory written response of its

review of, and any recommended changes to, the agreement with

regard to form and compatibility with the laws of this

Commonwealth.

(2)  If an agreement has been submitted to the commission

for review as required by this subsection, the failure of the

commission to provide an advisory written response within 90

days of receipt of the agreement shall not bar or impede the

effectiveness or implementation of the agreement.

(c)  Committee review.--

(1)  In all cases involving an agreement between a local

government and the Commonwealth, in addition to the

requirements of subsection (b), the Commonwealth, after

receipt of the commission's advisory written response or

after 90 days have elapsed without a written response from

the commission, whichever is sooner, shall submit the

agreement to the Appropriations Committee of the Senate and

the Appropriations Committee of the House of Representatives

for their review, preparation of a fiscal note and, if deemed

necessary by either committee, a public hearing.

(2)  (i)  Notwithstanding the passage of an ordinance in

accordance with section 2315 (relating to effect of joint

cooperation agreements), no agreement between a local

government and the Commonwealth may be deemed in force

and binding as to either the Commonwealth or a local

government until 180 days have elapsed from the date that

the agreement has been submitted by the Commonwealth to

the committees.

(ii)  The requirements of subparagraph (i) shall not

apply to any agreement necessary to respond to a disaster

emergency or local emergency as those terms are defined

in 35 Pa.C.S. § 7102 (relating to definitions).

(d)  Exceptions.--This section shall not apply to the

following contracts, agreements or transactions:

(1)  Contracts or agreements between a local government

and the Commonwealth that are of a routine nature or are

performed on a periodic basis, such as those for public

improvements or maintenance.

(2)  State grants and loans that are administered by the

Commonwealth pursuant to statute or regulation.

(3)  Contracts or agreements for cooperative purchasing.

(4)  Contracts, agreements or memoranda of understanding

between the Commonwealth and a local government that are

expressly authorized by statute or regulation and by which

the Commonwealth delegates all or a portion of its

enforcement duties or responsibilities to a local government.

(5)  Contracts or agreements between the Commonwealth and

a local government that are expressly authorized by statute

or regulation and through which the local government provides

a service on behalf of the Commonwealth.

(6)  Contracts or agreements relating to the purchase,

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right to capacity, sale, exchange, interchange, wheeling,

pooling, transmission or development of electric power and

associated energy and related services.

Section 2.  This act shall take effect in 60 days.