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| PRIOR PRINTER'S NO. 391 | PRINTER'S NO. 1039 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PILEGGI, ALLOWAY, EICHELBERGER, ERICKSON, ORIE, FONTANA, YAW, SOLOBAY, WAUGH, RAFFERTY, SMUCKER, FOLMER, EARLL, PIPPY, MENSCH AND BROWNE, FEBRUARY 4, 2011 |
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| SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED, APRIL 12, 2011 |
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| AN ACT |
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1 | Amending Title 53 (Municipalities Generally) of the Pennsylvania |
2 | Consolidated Statutes, in municipalities, further providing |
3 | for administration and for money. | <-- |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 5610 and 5612 of Title 53 of the | <-- |
7 | Pennsylvania Consolidated Statutes are amended by adding |
8 | subsections to read: |
9 | § 5610. Governing body. |
10 | * * * |
11 | (g) Liability.--If repayment is not made under section |
12 | 5612(a.1)(2) (relating to money of authority), members of the |
13 | board who approved the grant or loan are jointly and severally |
14 | liable to make the repayment and a ratepayer shall have standing |
15 | to bring an action to recover the money on behalf of the |
16 | authority. |
17 | Section 1. Section 5612 of Title 53 of the Pennsylvania | <-- |
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1 | Consolidated Statutes is amended by adding a subsection to read: |
2 | § 5612. Money of authority. |
3 | * * * |
4 | (a.1) Prohibition.-- |
5 | (1) Money of the authority may not be used for any |
6 | grant, loan or other expenditure for any purpose other than a |
7 | service or project directly related to the mission or purpose |
8 | of the authority as set forth in the articles of |
9 | incorporation or in the resolution or ordinance establishing |
10 | the authority under section 5603 (relating to method of |
11 | incorporation). |
12 | (2) The recipient of money used in violation of | <-- |
13 | paragraph (1) shall repay the money to the authority. A | <-- |
14 | ratepayer to an authority shall have a cause of action in the |
15 | court of common pleas where the authority is located to seek |
16 | the return of money expended in violation of paragraph (1) |
17 | from the recipient. |
18 | * * * |
19 | Section 2. The addition of 53 Pa.C.S. § 5610(g) shall apply | <-- |
20 | to grants, loans and expenditures made on or after the effective |
21 | date of this section. |
22 | Section 3 2. This act shall take effect in 60 days. | <-- |
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