Pennsylvania Act 2003-67 — GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - REVIVAL OF EXPIRED AUTHORITY

Act text

GENERAL LOCAL GOVERNMENT CODE (53 PA.C.S.) - REVIVAL OF EXPIRED AUTHORITY
                  Act of Dec. 30, 2003, P.L. 454, No. 67              Cl. 53
                             Session of 2003
                               No. 2003-67

     SB 970

                                  AN ACT

     Amending Title 53 (Municipalities Generally) of the Pennsylvania
        Consolidated Statutes, providing for revival of an expired
        authority.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 53 of the Pennsylvania Consolidated
     Statutes is amended by adding a section to read:
      § 5623.  Revival of an expired authority.
        (a)  Retroactive revival.--Upon the filing of the required
     municipal statements of revival with the Secretary of the
     Commonwealth and issuance of a certificate of revival, an
     expired authority shall become a retroactively revived
     authority.
        (b)  Municipal statement of revival.--A municipal statement
     of revival shall be executed in the name of each municipality
     that incorporated or subsequently joined in and had not
     withdrawn from the expired authority and shall set forth:
            (1)  The name of the expired authority and of each
        municipality that incorporated or subsequently joined in and
        had not withdrawn from the expired authority.
            (2)  The date on which the authority's term of existence
        expired.
            (3)  The address, including street and number of the
        expired authority.
            (4)  A statement that the municipality desires the
        revival of the authority as a body politic and corporate for
        an additional term not exceeding 50 years.
            (5)  A statement that the filing of the municipal
        statement of revival has been authorized and approved by the
        municipal authorities of the municipality by resolution.
        (c)  Expiration interval.--An expired authority may not
     become a retroactively revived authority if its term of
     expiration exceeds five years.
        (d)  Certificate of revival.--The Secretary of the
     Commonwealth shall issue a certificate of revival after
     verifying that required municipal statements of revival have
     been filed in proper form.
        (e)  Definitions.--The following words and phrases when used
     in this section shall have the meanings given to them in this
     subsection unless the context clearly indicates otherwise:
        "Certificate of revival."  A certification issued by the
     Secretary of the Commonwealth that, as a result of required
     municipal statements of revival having been filed in proper
     form, the expired authority which is the subject of the
     municipal statements of revival is certified as having been
     retroactively revived for the term specified.
        "Expired authority."  An authority whose term of existence
     has expired in accordance with this chapter.
        "Municipal statement of revival."  A written statement
     prepared in accordance with subsection (b) and filed with the
     Secretary of the Commonwealth by the municipal authorities of
     each municipality that incorporated or subsequently joined in
     and had not withdrawn from an expired authority indicating that
     approval has been given for the retroactive revival of the
     expired authority by municipal authorities by resolution.
        "Retroactively revived authority."  An expired authority
     whose existence has been revived retroactively so that the
     authority is restored to its previous legal position in the same
     manner and to the same extent as if its term of existence had
     never expired. Retroactive revival shall have the effect of
     validating the business and affairs of the authority during its
     term of expiration, including all contracts and other
     transactions made and effected within the scope of the articles
     of the authority by its representatives and any rights,
     privileges, liabilities and obligations that the authority would
     have had if its term of existence had not expired.
        "Term of expiration."  The period of time that commences when
     an authority becomes an expired authority and that ends when the
     expired authority is retroactively revived in accordance with
     this section.
        Section 2.  This act shall take effect immediately.

     APPROVED--The 30th day of December, A. D. 2003.

     EDWARD G. RENDELL