53 Pa. Stat. § 11701.103

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 11701.103 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Arbitration settlement." An adjustment or settlement of a collective bargaining agreement or dispute. The term includes a final or binding arbitration award or other determination.

"Authority." A municipal authority, parking authority or any other authority or corporate entity that is directly or indirectly controlled by a distressed municipality or to which a distressed municipality has power of appointment.

"Basis of accounting." Revenues and expenditures may be recognized on the cash, modified accrual or full accrual basis of accounting, provided that basis is applied consistently throughout the fiscal periods reported for evaluation purposes.

"Chief executive officer." Mayor in a mayor-council form of government or manager in a council-manager form of government of a city operating under an optional form of government pursuant to the act of July 15, 1957 (P.L. 901, No. 399), known as the Optional Third Class City Charter Law; a mayor of a city of the first class under the act of April 21, 1949 (P.L. 665, No. 155), known as the First Class City Home Rule Act; or an individual serving in such capacity as designated by a home rule charter or optional plan pursuant to the former act of April 13, 1972 (P.L. 184, No. 62), known as the Home Rule Charter and Optional Plans Law.

"Claim." Right to payment, whether or not the right is reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured; or right to an equitable remedy for breach of performance if the breach gives rise to a right to payment, whether or not the right to an equitable remedy is reduced to judgment, fixed, contingent, matured, unmatured, disputed, undisputed, secured or unsecured.

"Commonwealth agency." The Governor and the departments, boards, commissions, authorities and other officers and agencies of this Commonwealth, whether or not subject to the policy supervision and control of the Governor.

"Creditor." An individual, partnership, corporation, association, estate, trust, governmental unit or the governing board of a pension fund of a municipality that has a claim against a municipality.

"Deficit." The excess of expenditures over revenues, stated as a percentage of revenue, during an accounting period. This calculation shall include all governmental fund types and all proprietary fund types, but shall exclude all fiduciary fund types of the municipality.

"Department." The Department of Community and Economic Development of the Commonwealth.

"Expenditures." Reductions in fund equity, including current operating expenses that require the use of fund equity, debt service and capital outlays. The term shall not include interfund transfers.

"Fund equity." Excess of assets of a fund over its liabilities.

"Governing body." The council in cities, boroughs and incorporated towns; the board of commissioners in counties; the board of commissioners in townships of the first class; the board of supervisors in townships of the second class; or the legislative policy-making body in home rule municipalities.

"Matured claim." A claim that has been reduced to judgment or liquidated in amount by agreement for a period of 90 days prior to the filing of a petition to commence fiscal distress proceedings under this act.

"Municipal record." A financial record or document of a municipality or of an authority or other corporate entity which directly or indirectly performs a governmental function on behalf of the municipality, is directly or indirectly controlled by the municipality or to which the municipality has direct or indirect power of appointment or has directly or indirectly pledged or designated the municipality's revenues or the municipality's credit. The term does not include:

(1) Confidential information relating to personnel matters and matters relating to the initiation and conduct of investigations of violations of law. To the extent such information is included in a financial record or document otherwise subject to this definition, it shall be redacted and the remainder subject to disclosure as otherwise provided by this act.
(2) A financial record or document in the custody or control of an entity other than a municipality, municipal authority or other authority, except if the document relates to services or governmental functions performed by the municipality, municipal authority or on behalf of the municipality or municipal authority, or the revenues or credit of the municipality or a municipal authority.

"Municipality." Every county, city, borough, incorporated town, township and home rule municipality.

"Plan" or "recovery plan." A recovery plan developed under this act.

"Revenues." Additions to fund equity other than from interfund transfers, proceeds of debt and proceeds of disposition of general fixed assets.

"Secretary." The Secretary of Community and Economic Development of the Commonwealth.

53 P.S. § 11701.103

1987, July 10, P.L. 246, No. 47, § 103, effective in 60 days. Affected 1994, Oct. 13, P.L. 596, No. 90, § 2, effective in 90 days. Amended 2012, July 5, P.L. 1104, No. 133, § 1, effective in 60 days [Sept. 4, 2012]; 2014, Oct. 31, P.L. 2983, No. 199, § 3, effective in 60 days [Dec. 30, 2014].