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                                                      PRINTER'S NO. 4789

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 3009 Session of 2004


        INTRODUCED BY TURZAI, MUSTIO AND T. STEVENSON, NOVEMBER 19, 2004

        REFERRED TO COMMITTEE ON RULES, NOVEMBER 19, 2004

                                     AN ACT

     1  Amending the act of February 12, 2004 (P.L.73, No.11), entitled
     2     "An act providing for intergovernmental cooperation in cities
     3     of the second class; establishing an intergovernmental
     4     authority; providing for financing, for bankruptcy and for
     5     sovereign immunity; and making an appropriation," further
     6     providing for limit on city borrowing; and providing for
     7     applicability of other law.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 208 of the act of February 12, 2004
    11  (P.L.73, No.11), known as the Intergovernmental Cooperation
    12  Authority Act for Cities of the Second Class, is amended to
    13  read:
    14  Section 208.  Limit on city borrowing.
    15     A city and its corporate entities may not borrow or receive
    16  funds for any lawful purpose unless [the city has entered into
    17  an intergovernmental cooperation agreement with the authority
    18  and there is an approved financial plan in effect.] all of the
    19  following requirements are met:
    20         (1)  The city has entered into an intergovernmental


     1     cooperation agreement with the authority and there is an
     2     approved financial plan in effect.
     3         (2)  Subject to the approval of the authority, the city
     4     has entered into by January 1, 2006, a contract with a third
     5     party which provides for the privatization and collection of
     6     fees for sanitation services.
     7         (3)  Subject to the approval of the authority, the city
     8     has entered into by January 1, 2006, a contract with a third
     9     party which provides for the privatization of the functions
    10     of emergency medical services.
    11         (4)  Subject to the approval of the authority, the city
    12     has entered into by January 1, 2006, a contract with a third
    13     party which provides for the privatization of towing pound
    14     operations.
    15         (5)  Subject to the approval of the authority, the city
    16     has provided for a reduction of at least $15,000,000 in costs
    17     from fiscal year 2004 expenditures for the bureau of fire,
    18     including operating costs, debt service, facilities,
    19     miscellaneous services, utilities, fringe benefits and
    20     pension costs. The reductions must begin in fiscal year 2006.
    21         (6)  Subject to the approval of the authority, the city
    22     and its corporate entities have rendered defeasible all bonds
    23     financed by funding directly or indirectly received from
    24     taxes levied under the authorization of Article XXXI-B of the
    25     act of July 28, 1953 (P.L.723, No.230), known as the Second
    26     Class County Code, in order that such moneys shall be
    27     deposited into the city's general fund, no later than January
    28     1, 2007.
    29     Section 2.  The act is amended by adding a section to read:
    30  Section 702.1.  Applicability of Municipalities Financial
    20040H3009B4789                  - 2 -     

     1                     Recovery Act.
     2     An assisted city and its corporate entities are not subject
     3  to the act of July 10, 1987 (P.L.246, No.47), known as the
     4  Municipalities Financial Recovery Act.
     5     Section 3.  This act shall take effect in 120 days.

















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