8918 - Failure to perform.
§ 8918. Failure to perform. (a) Notice.--The Secretary of the Budget shall send written notice to the commission and to the Governor of the failure of the commission to do any of the following: (1) Make a payment to the department under this chapter or the lease agreement. (2) Deliver a financial plan to the Secretary of the Budget within the time prescribed under section 8917 (relating to financial plan). (b) Unanimous vote required.-- (1) Except as provided under paragraph (1.1), upon the receipt by the commission of the notice under subsection (a) and notwithstanding any other provision of law, action of the commission taken by vote of the commissioners shall require a unanimous vote of all commissioners. Violation of this paragraph shall render the action invalid. (1.1) A unanimous vote shall not be required if it would prevent the commission from complying with any covenants made to current bondholders, debt holders or creditors. (2) The requirement of paragraph (1) shall continue until: (i) the required payments have been made to the department or the required financial plan has been delivered; and (ii) the Secretary of the Budget has notified the commission and the Governor of that fact. (July 18, 2007, P.L.169, No.44, eff. imd.) 2007 Amendment. Act 44 added section 8918. Section 11.1 of Act 44 provided that Act 44 shall apply retroactively to July 1, 2007.