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| PRIOR PRINTER'S NOS. 1372, 1407 | PRINTER'S NO. 1435 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, PILEGGI, EARLL, VANCE, GORDNER, WAUGH, ALLOWAY, BAKER, ERICKSON, ORIE, BROWNE AND TOMLINSON, JUNE 17, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 26, 2011 |
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| AN ACT |
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1 | Amending the act of July 10, 1987 (P.L.246, No.47), entitled "An |
2 | act empowering the Department of Community Affairs to declare |
3 | certain municipalities as financially distressed; providing |
4 | for the restructuring of debt of financially distressed |
5 | municipalities; limiting the ability of financially |
6 | distressed municipalities to obtain government funding; |
7 | authorizing municipalities to participate in Federal debt |
8 | adjustment actions and bankruptcy actions under certain |
9 | circumstances; and providing for consolidation or merger of |
10 | contiguous municipalities to relieve financial distress," |
11 | further providing for purpose and legislative intent and for | <-- |
12 | Commonwealth agency payments or assistance; providing for |
13 | review of coordinator, for the establishment of a management |
14 | board for distressed third class cities and for powers of |
15 | management boards; prohibiting distressed third class cities |
16 | from filing Federal bankruptcy petitions; and making |
17 | editorial changes. |
18 | The General Assembly of the Commonwealth of Pennsylvania |
19 | hereby enacts as follows: |
20 | Section 1. Section 251(a) of the act of July 10, 1987 | <-- |
21 | (P.L.246, No.47), known as the Municipalities Financial Recovery |
22 | Act, is amended and the section is amended by adding a |
23 | subsection to read: |
24 | Section 1. Section 102(b)(1) of the act of July 10, 1987 | <-- |
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1 | (P.L.246, No.47), known as the Municipalities Financial Recovery |
2 | Act, is amended and the subsection is amended by adding a |
3 | paragraph to read: |
4 | Section 102. Purpose and legislative intent. |
5 | * * * |
6 | (b) Legislative intent.-- |
7 | (1) It is the intent of the General Assembly to: |
8 | (i) Enact procedures and provide powers and |
9 | guidelines to ensure fiscal integrity of municipalities |
10 | while leaving principal responsibility for conducting the |
11 | governmental affairs of a municipality, including |
12 | choosing the priorities for and manner of expenditures |
13 | based on available revenues, to the charge of its elected |
14 | officials, consistent with the public policy set forth in |
15 | this section. |
16 | (ii) Enact procedures for the adjustment of |
17 | municipal debt by negotiated agreement with creditors. |
18 | (iii) Provide for the exercise of the Commonwealth's |
19 | sovereign and plenary police power in emergency fiscal |
20 | conditions to protect the health, safety and welfare of a |
21 | municipality's citizens when local officials are |
22 | unwilling or unable to accept a solvency plan developed |
23 | for the benefit of the community. |
24 | * * * |
25 | (3) The General Assembly recognizes that the financial |
26 | conditions of certain distressed municipalities are so severe |
27 | and the policies of those municipalities so ineffective that |
28 | the nonviability of those municipalities threatens the fiscal |
29 | condition and credit stability of other communities. In such |
30 | cases, additional methods of protecting citizens must be |
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1 | implemented, including: |
2 | (i) Instituting more direct Commonwealth oversight |
3 | pursuant to the Commonwealth's power to provide for local |
4 | government under Article IX of the Constitution of |
5 | Pennsylvania and through the creation of public |
6 | authorities as instrumentalities of the Commonwealth. |
7 | (ii) Judicial intervention when necessary to ensure |
8 | the compliance of the distressed municipality with the |
9 | provisions of this act. |
10 | Section 1.1. Section 251(a) of the act is amended and the |
11 | section is amended by adding a subsection to read: |
12 | Section 251. Commonwealth agency payments or assistance. |
13 | (a) Withholding of certain Commonwealth funds.--Except as |
14 | provided in section 302(b), upon certification by the |
15 | [secretary] department that a financially distressed |
16 | municipality has failed to adopt a plan or implement an adopted |
17 | plan as proposed under this act or has adopted a plan which is |
18 | inadequate to address the municipality's financial distress, the |
19 | municipality shall not receive a grant, loan, entitlement or |
20 | payment from the Commonwealth or any of its agencies. Moneys |
21 | withheld shall be held in escrow by the Commonwealth until the |
22 | [secretary] department has rescinded the certification. |
23 | (a.1) Disposition of assets.--Subsection (a) shall apply to |
24 | the failure of a distressed city or a management board |
25 | established under section 603(a) if the city or management board |
26 | fails to identify, sell, lease or otherwise dispose of assets in |
27 | accordance with section 605. |
28 | * * * |
29 | Section 1.1 1.2. The act is amended by adding a section to | <-- |
30 | read: |
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1 | Section 254. Review and investigation of coordinators. |
2 | (a) Initial review.--The department shall conduct a review |
3 | of all coordinators appointed or serving during 2010. The review |
4 | under this subsection shall be conducted by October 1, 2011. |
5 | Within 30 days of the completed review, the department shall |
6 | determine if the coordinator has failed to develop an adequate |
7 | plan or to implement the plan in an appropriate or adequate |
8 | manner. If the coordinator has failed to develop or implement |
9 | the plan in an appropriate or adequate manner, the department |
10 | shall remove the coordinator and appoint a new coordinator. |
11 | (b) Additional reviews.--The department shall conduct a |
12 | review of all coordinators appointed for service or serving |
13 | during 2011 and each year thereafter. The review under this |
14 | subsection shall be conducted by June 30. Within 30 days of the |
15 | completed review, the department shall determine if the |
16 | coordinator has failed to develop an adequate plan or to |
17 | implement the plan in an appropriate manner. If the coordinator |
18 | has failed to develop an adequate plan or to implement the plan |
19 | in an appropriate manner, the department shall remove the |
20 | coordinator and appoint a new coordinator. |
21 | (c) Investigations.--In addition to the review under |
22 | subsection (a) or (b), the department shall investigate a |
23 | complaint as to the failure of the coordinator to develop an |
24 | adequate plan or to implement the plan in an appropriate or |
25 | adequate manner. The complaint must be brought by: |
26 | (1) a petition from at least two members of the |
27 | governing body of the municipality; or |
28 | (2) a petition signed by 30 residents of the |
29 | municipality. |
30 | Section 2. The act is amended by adding a chapter to read: |
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1 | CHAPTER 6 |
2 | CITIES OF THE THIRD CLASS |
3 | Section 601. Definitions. | <-- |
4 | "City." A city of the third class which: | <-- |
5 | (1) has opted to be governed by a mayor-council form of |
6 | government under: |
7 | (i) the act of July 15, 1957 (P.L.901, No.399), |
8 | known as the Optional Third Class City Charter Law; or |
9 | (ii) 53 Pa.C.S. Pt. III Subpt. E (relating to home |
10 | rule and optional plan government); and |
11 | (2) has a population in excess of 45,000. |
12 | "Business with which he is associated." The term shall have | <-- |
13 | the same meaning as defined in 65 Pa.C.S. § 1102 (relating to |
14 | definitions). |
15 | "City." A city of the third class which has opted to be | <-- |
16 | governed by a mayor-council form of government under the act of |
17 | July 15, 1957 (P.L.901, No.399), known as the Optional Third |
18 | Class City Charter Law, and has a population in excess of |
19 | 45,000. |
20 | "Controlled authority." A municipal authority, parking |
21 | authority or other authority or corporate entity which is |
22 | directly or indirectly controlled by a distressed city or to |
23 | which a distressed city has powers of appointment. |
24 | "County." The county in which a distressed city is located. |
25 | "Distressed city." A city which has been determined to be |
26 | financially distressed under section 203(f). The term includes |
27 | any controlled authority which is directly or indirectly |
28 | controlled by the city or to which the city has direct or |
29 | indirect power of appointment or has pledged or designated the |
30 | city's revenues or the city's credit. |
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1 | "Immediate family." The term shall have the same meaning as | <-- |
2 | defined in 65 Pa.C.S. § 1102 (relating to definitions). |
3 | "Management board." The city management board. |
4 | Section 602. Applicability. |
5 | A distressed city shall be subject to the provisions of this |
6 | chapter and Chapters 2 and 3. If a conflict between this chapter |
7 | and any other provision of this act occurs, the provisions of |
8 | this chapter shall prevail. |
9 | Section 603. Management board. |
10 | (a) Establishment.--A management board shall be established |
11 | if a distressed city fails to adopt or the secretary determines | <-- |
12 | that the distressed city if the secretary determines that a | <-- |
13 | distressed city has either failed to adopt or has not |
14 | implemented the coordinator's plan in accordance with sections |
15 | 245 and 247(a). A distressed city shall be deemed to have failed |
16 | to adopt the coordinator's plan if it takes any action to |
17 | approve an alternative plan under section 246. |
18 | (b) Composition.--A management board established under |
19 | subsection (a) shall be comprised of the following: |
20 | (1) Two members appointed by the Governor, one of whom | <-- |
21 | must be a resident of the distressed city for which the board |
22 | is being appointed. |
23 | (2) One member appointed by the board of commissioners |
24 | of the county who shall be a resident of the county at the |
25 | time of appointment and shall maintain county residence while |
26 | a member of the board. |
27 | (b.1) Public officials, political party officers; conflicts | <-- |
28 | of interest prohibited.-- |
29 | (1) Members of the management board shall not: | <-- |
30 | (i) Seek or hold a position as any other elected or | <-- |
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1 | appointed public official within this Commonwealth or as |
2 | a political party officer while in the service of the | <-- |
3 | management board. |
4 | (ii) Seek election as public officials or political | <-- |
5 | party officers for one year after their service with the |
6 | management board. |
7 | (2) Members of the board may serve as appointive public | <-- |
8 | officials any time after their periods of service with the |
9 | management board. |
10 | (3) (i) No member of the board may: |
11 | (2) The following apply: | <-- |
12 | (i) No member of the management board may: |
13 | (A) Directly or indirectly be a party to or have |
14 | an interest in any contract or agreement with the | <-- |
15 | authority or with the distressed city. The | <-- |
16 | prohibition under this clause shall extend to a |
17 | member's immediate family or a business with which he |
18 | or a member of his immediate family is associated. |
19 | (B) Use his office or any confidential |
20 | information received through his office for the |
21 | private pecuniary benefit of himself, a member of his |
22 | immediate family or a business with which he or a |
23 | member of his immediate family is associated. |
24 | (ii) Any member who willfully violates this |
25 | paragraph shall forfeit his office and shall be subject |
26 | to any other criminal and civil sanctions as may be |
27 | imposed by law. Any contract or agreement knowingly made |
28 | in contravention of this paragraph shall be void. |
29 | (c) Experience and residence.-- |
30 | (1) All members and their designees shall have |
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1 | experience in finance or management. |
2 | (2) All members and their designees shall be residents |
3 | of this Commonwealth. |
4 | (3) At least one member under subsection (b)(1) shall be | <-- |
5 | a resident of the distressed city for which the board is |
6 | being appointed. |
7 | (d) Term.--Members shall be appointed within seven days of |
8 | the a determination by the department that the requirements of | <-- |
9 | subsection (a) have occurred secretary under subsection (a). | <-- |
10 | Members shall select a chairperson who shall serve for a term of |
11 | two years. Members appointed by the Governor shall have a term |
12 | coterminous with the appointing authority. A member appointed by |
13 | the county commissioners shall have a term coterminous with the |
14 | chairman of the board of commissioners. If a vacancy occurs, the |
15 | appointing authority who originally appointed the management |
16 | board member whose seat has become vacant shall appoint a |
17 | successor member within 30 days of the vacancy. A member |
18 | appointed to fill a vacancy occurring prior to the expiration of |
19 | a term shall serve the unexpired term. |
20 | (e) Organization.-- |
21 | (1) The Governor shall set a date, time and place for |
22 | the initial organization organizational meeting of the | <-- |
23 | management board within five days of the appointment of the |
24 | members of the management board. The initial organizational |
25 | meeting shall be held within 15 days of the appointment under |
26 | subsection (d). |
27 | (2) Members shall elect other officers as they deem |
28 | necessary. |
29 | (f) Meetings.--Following the initial organizational meeting, |
30 | the management board shall meet as frequently as it deems |
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1 | appropriate but at least once during each quarter of the fiscal |
2 | year. A meeting of the management board shall be called by the |
3 | chairperson if a request for a meeting is submitted by the other |
4 | two members of the management board. A majority of the |
5 | management board shall constitute a quorum. All actions of the |
6 | management board shall be taken by a majority of the management |
7 | board. The following statutes shall apply to the management |
8 | board: |
9 | (1) 65 Pa.C.S. Chs. 7 (relating to open meetings) and 11 |
10 | (relating to ethics standards and financial disclosure). |
11 | (2) The act of July 19, 1957 (P.L.1017, No.451), known |
12 | as the State Adverse Interest Act. |
13 | (3) The act of February 14, 2008 (P.L.6, No.3), known as |
14 | the Right-to-Know Law. |
15 | (g) Expenses.--A member shall not receive compensation or |
16 | remuneration but shall be entitled to reimbursement for all |
17 | reasonable and necessary expenses. |
18 | (h) Employees.--The department shall provide administrative |
19 | and other support to the management board. The management board |
20 | may contract for or receive the loan of services of other |
21 | individuals employed by other government agencies. |
22 | (i) Commonwealth agency.--A management board established |
23 | under this chapter shall constitute a public authority and |
24 | instrumentality of the Commonwealth, exercising the powers of |
25 | the Commonwealth. The exercise of the powers of the management |
26 | board shall be deemed to be an essential government function. |
27 | (j) Sovereign immunity.--Members of the management board | <-- |
28 | shall not be liable personally for any obligations of the |
29 | management board. It is declared to be the intent of the General |
30 | Assembly that the management board and its members shall enjoy | <-- |
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1 | sovereign and official immunity as provided in 1 Pa.C.S. § 2310 |
2 | (relating to sovereign immunity reaffirmed; specific waiver) and |
3 | shall remain immune from suit except as provided by and subject |
4 | to the provisions of 42 Pa.C.S. Ch. 85 Subchs. A (relating to |
5 | general provisions) and B (relating to actions against |
6 | Commonwealth parties). |
7 | (k) Term of existence.-- | <-- |
8 | (1) The management board shall exist for an initial term |
9 | of at least seven years. The management board shall be |
10 | renewed for seven-year terms by the department unless: |
11 | (i) the city has maintained a surplus over a three- |
12 | year period and the city's revenues have exceeded |
13 | expenditures for a period of at least three-years; or |
14 | (ii) the department determines that the city has |
15 | implemented the coordinator's plan. |
16 | (2) Upon termination of the management board, records |
17 | and documents of the board shall be transferred to the |
18 | director of finance of the city. Within 60 days of |
19 | termination, the management board shall submit a final report |
20 | on its activities and the city's fiscal condition to the |
21 | Governor, the Secretary of the Senate and the Chief Clerk of |
22 | the House of Representatives. |
23 | Section 604. Powers and duties. |
24 | Notwithstanding any other provision of law, the management |
25 | board shall have the following powers and duties: |
26 | (1) To require the distressed city to implement the | <-- |
27 | coordinator's plan. |
28 | (2) To require the coordinator to make changes to the | <-- |
29 | coordinator's plan as necessary to achieve financial |
30 | stability of the distressed city. |
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1 | (3) To require the distressed city to negotiate | <-- |
2 | intergovernmental cooperation agreements between the |
3 | distressed city and other political subdivisions in order to |
4 | eliminate and avoid deficits, maintain sound budgetary |
5 | practices and avoid interruption of municipal services. |
6 | (4) To make annual reports for submission to the |
7 | department within 120 days after the close of the distressed |
8 | city's fiscal year. |
9 | (5) To have all powers necessary or appropriate require | <-- |
10 | the distressed city to cause the sale, lease or other |
11 | disposition of the distressed city's assets under section |
12 | 605. |
13 | (6) If necessary to implement the coordinator's plan, to | <-- |
14 | exercise all of the powers and authority of the distressed |
15 | city and its elected officials in the management of the |
16 | distressed city's financial affairs. |
17 | (7) (6) To approve or disapprove the execution of | <-- |
18 | contracts and agreements by the distressed city in accordance | <-- |
19 | with section 606(a)(2). |
20 | (7) To direct the distressed city to take any other | <-- |
21 | action to implement the coordinator's plan. |
22 | Section 605. Sale of assets. |
23 | (a) Authority.--The management board shall have the |
24 | authority to determine that it is in the best financial |
25 | interests of the distressed city to sell, lease or dispose of |
26 | assets determined by the management board to be nonessential and |
27 | owned by the distressed city or a controlled authority. | <-- |
28 | (b) Sale, lease or other disposition.--The management board |
29 | shall: |
30 | (1) Identify appropriate assets for sale, lease or other |
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1 | disposition and direct the appropriate officials of the |
2 | distressed city or controlled authority to take all action | <-- |
3 | necessary or appropriate for the consummation of the sale, |
4 | lease or other disposition of assets. |
5 | (2) Direct the sale, lease or other disposal of assets | <-- |
6 | distressed city to sell, lease or otherwise dispose of assets | <-- |
7 | in conformity with all applicable competitive bidding |
8 | requirements. |
9 | (3) Undertake Direct the distressed city to undertake a | <-- |
10 | competitive bidding process, determine the winning bidder and |
11 | enter into an agreement of sale, lease or other disposition |
12 | with the winning bidder. |
13 | (4) Take Direct the distressed city to take all action | <-- |
14 | necessary to complete the sale, lease or disposition of the |
15 | assets. |
16 | (c) Approval.--The approval of the governing body or chief | <-- |
17 | executive officer of the distressed city or controlled authority |
18 | shall not be required to complete a sale, lease or other |
19 | disposition under this section. |
20 | (5) Direct the distressed city to take all action | <-- |
21 | necessary to complete any pending agreement for the sale, |
22 | lease or disposition of the assets, subject to approval by |
23 | the management board. |
24 | (d) (c) Proceeds.--The proceeds of the sale, lease or other | <-- |
25 | disposition of assets of a distressed city or controlled | <-- |
26 | authority shall be applied to the payment of any unpaid debt |
27 | obligations owed by the distressed city, as determined by the |
28 | management board. Any proceeds remaining after the payment of |
29 | these obligations shall be applied at the discretion of the |
30 | management board to restructure or to provide escrow for the |
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1 | payment of the distressed city's future debt obligations. |
2 | (e) Enforcement.--Notwithstanding any other provision of | <-- |
3 | law, the management board may, if necessary to implement the |
4 | coordinator's plan, exercise all the powers and authority of the |
5 | distressed city and its elected officials in the management of |
6 | the distressed city's financial affairs and the implementation |
7 | of the coordinator’s plan, including the power and authority to |
8 | sell, lease or otherwise dispose of the distressed city's assets |
9 | under this section. The management board may direct the |
10 | officials of the distressed city or controlled authority to |
11 | perform any act deemed necessary by the board to properly manage |
12 | the distressed city's financial affairs and implement the |
13 | coordinator's plan. The management board's directives may be |
14 | enforced by order of mandamus in the court of common pleas where |
15 | the distressed city is situated. |
16 | (d) Enforcement.--Notwithstanding any other provision of | <-- |
17 | law, if the distressed city fails to implement the coordinator's |
18 | plan as directed by the management board, the management board |
19 | may take any action necessary to implement the coordinator's |
20 | plan. The management board may issue written directives to the |
21 | officials of the distressed city requiring them to perform any |
22 | act deemed necessary by the management board to properly manage |
23 | the distressed city's financial affairs and to implement the |
24 | coordinator's plan. The management board may bring an action in |
25 | mandamus in the court of common pleas where the distressed city |
26 | is situated to compel compliance with its directives. The court |
27 | shall grant the petition for mandamus if the court finds that |
28 | the distressed city has failed to abide by any of the written |
29 | directives of the management board. |
30 | (f) (e) Removal.--If a management board determines that a | <-- |
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1 | controlled authority is not taking the action necessary to sell, |
2 | lease or dispose of assets, the management board may remove the |
3 | board members of the controlled authority and appoint new board |
4 | members of the controlled authority. | <-- |
5 | Section 606. Effect on contracts. | <-- |
6 | (a) Contracts and collective bargaining agreements.-- |
7 | (1) A contract or collective bargaining agreement in |
8 | existence in a distressed city prior to the approval of a |
9 | coordinator's plan or the establishment of a management board |
10 | shall remain in effect after approval of the plan until the |
11 | contract or agreement expires. |
12 | (2) Following approval of the coordinator's plan, a |
13 | distressed city shall execute contracts and collective |
14 | bargaining agreements in compliance with the plan. If a |
15 | management board has been appointed, the distressed city |
16 | shall execute contracts and agreements only with the approval |
17 | of the management board. |
18 | (b) Arbitration.--Following approval of the coordinator's |
19 | plan or the appointment of a management board, a determination |
20 | of a board of arbitration established under the act of June 24, |
21 | 1968 (P.L.237, No.111), referred to as the Policemen and Firemen |
22 | Collective Bargaining Act, providing for an increase in wages or |
23 | fringe benefits of any employee of a distressed city shall, in |
24 | addition to considering any standard or factor required to be |
25 | considered by law, take into consideration and accord |
26 | substantial weight to: |
27 | (1) The coordinator's plan or the determination of the |
28 | management board. |
29 | (2) Relevant market factors, such as the financial |
30 | situation of the distressed city, inflation, productivity, |
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1 | size of work force and pay and benefit levels in economically |
2 | and demographically comparable political subdivisions. |
3 | (c) Determination.--A determination shall be in writing and |
4 | a copy shall be forwarded to each party to the dispute and to |
5 | the board of arbitration. A determination of the board of |
6 | arbitration which provides for an increase in wages or fringe |
7 | benefits of an employee of an assisted city shall state with |
8 | specificity in writing all factors which the board of |
9 | arbitration took into account in considering and giving |
10 | substantial weight to the factors referred to under subsection |
11 | (b)(1). |
12 | (d) Parties.--A party to a proceeding before a board of |
13 | arbitration or the management board may appeal to the court of |
14 | common pleas to review: |
15 | (1) Consideration under subsection (b)(1). |
16 | (2) Failure of the board of arbitration to issue a |
17 | determination under subsection (c). |
18 | (e) Appeal.--An appeal under subsection (d) must be |
19 | commenced not later than 30 days after the issuance of a final |
20 | determination by the board of arbitration. |
21 | (f) Decision.--The decision of the board of arbitration |
22 | shall be vacated and remanded to the board of arbitration if the |
23 | court finds: |
24 | (1) That the board of arbitration failed to take into |
25 | consideration and accord substantial weight to the factors |
26 | referred to under subsection (b). |
27 | (2) That the board of arbitration has failed to issue a |
28 | determination under subsection (c). |
29 | (g) Proposed revision.--If, after exhaustion of all appeals, |
30 | the final arbitration award is not in compliance with the |
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1 | approved coordinator's plan or is unacceptable to the management |
2 | board, the award shall be void. |
3 | Section 607 606. Limitation on bankruptcy. | <-- |
4 | Notwithstanding any other provision of law, including section |
5 | 261, no distressed city may file a petition for relief under 11 |
6 | U.S.C. Ch. 9 (relating to adjustment of debts of a municipality) |
7 | or any other Federal bankruptcy law, and no government agency |
8 | may authorize the distressed city to become a debtor under 11 |
9 | U.S.C. Ch. 9 or any other Federal bankruptcy law. |
10 | Section 3. The heading of Chapter 6 and section 601 of the |
11 | act are renumbered to read: |
12 | CHAPTER [6] 20 |
13 | TECHNICAL PROVISIONS |
14 | Section [601] 2001. Repeals. |
15 | Section 2501-C(e) and (f) of the act of April 9, 1929 |
16 | (P.L.177, No.175), known as The Administrative Code of 1929, are |
17 | repealed insofar as they are inconsistent with this act. |
18 | The act of June 11, 1935 (P.L.323, No.146), entitled "An act |
19 | designating the Department of Internal Affairs as the agency of |
20 | the Commonwealth to approve or disapprove petitions to courts, |
21 | and plans for the readjustment of debts of political |
22 | subdivisions, under the act of Congress relating to the |
23 | bankruptcy of political subdivisions; and defining the powers |
24 | and duties of said department in relation thereto," is repealed |
25 | insofar as it relates to a municipality as defined in section |
26 | 103 of this act. |
27 | Section 4. Section 602 of the act, amended December 19, 1988 |
28 | (P.L.1272, No.157), is renumbered to read: |
29 | Section [602] 2002. Expiration. |
30 | Section 203(a)(5) shall expire upon publication in the |
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1 | Pennsylvania Bulletin of the notice required under section |
2 | 121(f). |
3 | Section 5. Section 603 of the act is renumbered to read: |
4 | Section [603] 2003. Effective date. |
5 | This act shall take effect in 60 days. |
6 | Section 6. The provisions of this act are severable. If any |
7 | provision of this act or its application to any person or |
8 | circumstance is held invalid, the invalidity shall not affect |
9 | other provisions or applications of this act which can be given |
10 | effect without the invalid provision or application. |
11 | Section 7. This act shall take effect immediately. |
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