PRIOR PRINTER'S NO. 2942
PRINTER'S NO. 3381
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1893
Session of
2015
INTRODUCED BY SCHEMEL, McGINNIS, DAVIS, JAMES, THOMAS, WARD,
BENNINGHOFF, GROVE, SAYLOR, MILNE, A. HARRIS, SCHLOSSBERG,
MOUL, HAHN, PICKETT AND ZIMMERMAN, MARCH 14, 2016
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 18, 2016
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in intergovernmental cooperation,
further providing for ordinance and for content of
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 and 2307, 2307, 2310, 2314(A) AND
2315 of Title 53 of the Pennsylvania Consolidated Statutes are
amended to read:
§ 2305. [Ordinance] Resolution 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 upon the passage of [an ordinance] a resolution by
its governing body. If mandated by initiative and referendum in
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
the area affected, the local government shall adopt such [an
ordinance] a resolution.
(B) RESOLUTIONS.--A GOVERNING BODY MAY, UNLESS ANY OTHER LAW
PROVIDES TO THE CONTRARY, ENTER INTO INTERGOVERNMENTAL
COOPERATION BY RESOLUTION OF ITS GOVERNING BODY.
§ 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 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
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.
20160HB1893PN3381 - 2 -
<--
<--
<--
<--
<--
<--
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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.
* * *
§ 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.
20160HB1893PN3381 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 2. This act shall take effect in 60 days.
20160HB1893PN3381 - 4 -
1