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§ 11701.602. Declaration of fiscal emergency

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: December 30, 2014

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part I. General Municipal Law
Chapter 30E. Municipalities Financial Recovery Act (Refs & Annos)
Chapter 6. Fiscal Emergencies in Municipalities (Refs & Annos)
Effective: December 30, 2014
53 P.S. § 11701.602
§ 11701.602. Declaration of fiscal emergency
Currentness
(a) Fiscal emergency.--The Governor determines a fiscal emergency exists if the distressed municipality:
(1)(i) is insolvent or is projected to be insolvent within 180 days or less; and
(ii) is unable to ensure the continued provision of vital and necessary services; or
(2) has failed to adopt or implement:
(i) the coordinator's plan in accordance with Subchapter C or C.1 of Chapter 2;1 or
(ii) an alternative plan that the secretary has approved under section 246.2
(b) Governor.--Upon making a determination that a state of fiscal emergency exists, the Governor may declare a state of fiscal emergency within the distressed municipality. Immediately upon making the declaration, the Governor shall:
(1) Provide written notice of the declaration to the governing body and, if applicable, the chief executive officer of the distressed municipality along with a concise statement of facts supporting the determination.
(2) Direct the secretary to, within ten days of the Governor's declaration, develop an emergency action plan to ensure that vital and necessary services are maintained within the municipality during the state of fiscal emergency.
(c) Secretary.--In developing the emergency action plan, the secretary shall consider the financial plan prepared by the coordinator under Subchapter C of Chapter 2 and any other available plan or information the secretary deems appropriate and may employ financial or legal experts to assist in addressing the fiscal emergency. Notwithstanding any law to the contrary, the employment of such experts shall not be subject to contractual competitive bidding procedures.

Credits

1987, July 10, P.L. 246, No. 47, § 602, added 2011, Oct. 20, P.L. 318, No. 79, § 2, imd. effective. Amended 2014, Oct. 31, P.L. 2983, No. 199, § 27, effective in 60 days [Dec. 30, 2014].

Footnotes

1
53 P.S. §§ 111701.241 et seq., 1701.254 et seq.
2
53 P.S. § 11701.246.
53 P.S. § 11701.602, PA ST 53 P.S. § 11701.602
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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