PRIOR PRINTER'S NO. 1208
PRINTER'S NO. 3856
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1036
Session of
2019
INTRODUCED BY MOUL, JAMES, EVERETT, FREEMAN, SAPPEY AND KORTZ,
APRIL 5, 2019
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, MAY 27, 2020
AN ACT
Amending Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes, IN CREATION AND
ALTERATION, FURTHER PROVIDING FOR DEFINITIONS AND FOR
JUDICIAL ADJUSTMENT; in elections of officers, further
providing for decrease in number of members of council.; AND,
IN MANUFACTURE AND SUPPLY OF ELECTRICITY, FURTHER PROVIDING
FOR SPECIFIC POWERS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 818(a) and (b) of Title 8 of the
Pennsylvania Consolidated Statutes are amended to read:
SECTION 1. THE DEFINITION OF "TOWNSHIP" IN SECTION 200 OF
TITLE 8 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED TO
READ:
§ 200. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SUBCHAPTER
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
* * *
"TOWNSHIP." A TOWNSHIP OF THE FIRST OR SECOND CLASS OR ANY
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HOME RULE TOWNSHIP.
SECTION 2. SECTIONS 214(A), 818 AND 24A03(A)(1) OF TITLE 8
ARE AMENDED TO READ:
§ 214. JUDICIAL ADJUSTMENT.
(A) PETITION.--IF THE GOVERNING BODIES OF THE TOWNSHIP AND
THE BOROUGH CANNOT MAKE AN AMICABLE ADJUSTMENT AND APPORTIONMENT
OF THE PROPERTY AND INDEBTEDNESS WITHIN SIX MONTHS AFTER THE
GOVERNMENT OF THE NEWLY INCORPORATED BOROUGH IS ESTABLISHED, THE
SUPERVISORS OR COMMISSIONERS OF THE TOWNSHIP OR THE COUNCIL OF
THE BOROUGH MAY PRESENT A PETITION TO THE COURT OF COMMON PLEAS
REQUESTING A JUDICIAL ADJUSTMENT.
* * *
§ 818. Decrease in number of members of council.
(a) Petition by electors.--The court of common pleas [may]
shall, upon petition of at least 5% of the registered electors
of any borough not divided into wards, which, according to the
latest official census, had a population of not more than 3,000,
certify the question of a proposal to reduce the total number of
members of council for the borough from seven to five or to
three[.], as specified by the petition, to the board of election
of the county for a referendum vote of the residents at the next
general election held not sooner than the thirteenth Tuesday
after the date of the petition. The sufficiency of the number of
signers to the petition shall be ascertained as of the date when
the petition is presented to court. Upon receipt of the
certified election results, the court shall enter a final decree
granting or denying the request of the petitioners. A petition
under this section may not be considered more than once in five
years.
[(b) Notice.--The court shall give notice of the filing of
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the petition by advertisement in the legal newspaper of the
county, if one is published in the county, and in one newspaper
of general circulation and fix a day and time for hearing. After
the hearing, the court may decrease the number of members of
council elected in the borough from seven to five or to three,
as requested in the petition.]
* * *
§ 24A03. SPECIFIC POWERS.
(A) SPECIFIC POWERS ENUMERATED.--IN ADDITION TO EXERCISING
ITS GENERAL POWERS UNDER SECTION 24A02 (RELATING TO GENERAL
POWERS), A BOROUGH, THROUGH ITS GOVERNING BODY, SHALL HAVE THE
FOLLOWING POWERS:
(1) TO CONTRACT FOR THE PURCHASE, SALE, EXCHANGE,
INTERCHANGE, WHEELING, POOLING OR TRANSMISSION OF ELECTRIC
POWER AND ENERGY OR FOR THE RIGHT TO THE CAPACITY OF ELECTRIC
POWER, INSIDE AND OUTSIDE OF THIS COMMONWEALTH, TO AND FROM
ANY PUBLIC OR PRIVATE POWER ENTITIES, PRIVATE POWER
COMPANIES, OTHER BOROUGHS AND ELECTRIC COOPERATIVE
CORPORATIONS. THE SALE OF ELECTRIC POWER TO A BOROUGH FOR
RESALE INSIDE THE LIMITS OF THE BOROUGH AND THE SALE OF
ELECTRIC POWER BY A BOROUGH INSIDE THE LIMITS OF THE BOROUGH
SHALL BE EXEMPT FROM THE TAX IMPOSED UNDER SECTION 1101 OF
THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS THE TAX
REFORM CODE OF 1971.
* * *
SECTION 3. THE AMENDMENT OF 8 PA.C.S. § 24A03(A)(1) SHALL
APPLY AS FOLLOWS:
(1) TO GROSS RECEIPTS RECEIVED AFTER DECEMBER 31, 2016.
(2) TO SALES TO OR BY A MUNICIPAL POWER AGENCY OR ANY
BOROUGH OWNED OR OPERATED UTILITY ESTABLISHED ON OR BEFORE
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THE EFFECTIVE DATE OF THIS SECTION.
Section 2 4. This act shall take effect in 60 days.
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