Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 11701.604 - Powers of the Governor(a)Powers.--During the state of fiscal emergency, the Governor may exercise the authority of the elected or appointed officials of the distressed municipality or authority as necessary to ensure the provision of vital and necessary services and may delegate the authority to the secretary or a designee of the secretary. The emergency powers of the Governor shall include the following: (1) The power to collect funds payable to the distressed municipality and authority and use those funds to pay for vital and necessary services.(2) The power to obtain emergency financial aid for the distressed municipality and authority under Chapter 3 to pay for vital and necessary services.(3) The power to enter into contracts and agreements on behalf of the distressed municipality and authority to pay for vital and necessary services.(4) The power to modify the emergency action plan as necessary to ensure the provision of vital and necessary services.(5) Any other power of the elected or appointed officials of the distressed municipality or authority to ensure the provision of vital and necessary services.(b)Orders.--The Governor may issue an order to an elected or appointed official of the distressed municipality or an authority to implement any provision of the emergency action plan or refrain from taking any action that would interfere with the powers granted to the Governor or the goals of the plan. An order issued under this subsection shall be enforceable under section 606.(c)Authorization prohibited.--Neither this chapter nor the emergency action plan shall be interpreted to authorize the Governor to:(1) Unilaterally levy taxes.(2) Unilaterally abrogate, alter or otherwise interfere with a lien, charge, covenant or relative priority that is:(i) held by a holder of a debt obligation of a distressed municipality; and(ii) granted by the contract, law, rule or regulation governing the debt obligation.(3) Unilaterally impair or modify existing bonds, notes, municipal securities or other lawful contractual or legal obligations of the distressed municipality or authority.(4) Authorize the use of the proceeds of the sale, lease, conveyance, assignment or other use or disposition of the assets of the distressed municipality or authorities in a manner contrary to section 707.(5) Pledge the full faith and credit of the Commonwealth. 1987, July 10, P.L. 246, No. 47, § 604, added 2011, Oct. 20, P.L. 318, No. 79, § 2, imd. effective. Amended 2014, Oct. 31, P.L. 2983, No. 199, § 28, effective in 60 days [Dec. 30, 2014].