HB 1036 — 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.

PRIOR PRINTER'S NO.

1208 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

38561036 THE2019 GENERALINTRODUCED ASSEMBLYBY OFMOUL, PENNSYLVANIAJAMES, HOUSEEVERETT, BILLFREEMAN SessionAND SAPPEY, APRIL 5, 2019 REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 5, 2019 AN ACT Amending Title 8 (Boroughs and Incorporated Towns) of No.the Pennsylvania Consolidated Statutes, in elections of officers, further providing for decrease in number of members of council.

1036 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 AmePennsylvania Consolidated Statutes, IN CREATION ANDthe <-- 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.

Section 818(a) and (b) of Title 8 of the <-- Pennsylvania Consolidated Statutes are amended to read:

SECTION§ 1.818.

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 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.

[(b) Notice.--The court shall give notice of the filing of 20190HB1036PN3856 - 2 - 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.] * * * §Section 24A03.2.

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 20190HB1036PN3856 - 3 - THE EFFECTIVE DATE OF THIS SECTION.

Section 2 4.

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