53 Pa. Stat. § 42104

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 42104 - 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:

"Assisted city." A city for which an authority has been established under section 201. The term includes any municipal authority, other authority or other corporate entity that directly or indirectly performs a governmental function on behalf of the city, is directly or indirectly controlled by the city or to which a city has direct or indirect power of appointment or has directly or indirectly pledged or designated the city's revenues or the city's credit.

"Authority." An intergovernmental cooperation authority established in section 201.

"Board." The governing board of an authority.

"Chief fiscal officer." A municipal official in an assisted city designated as follows:

(1) In the case of a city where the mayor is responsible for proposing the city's annual budget, the chief fiscal officer shall be the mayor.

(2) In the case of a city where the budget is proposed to the governing body by an employee or appointee of the city, the chief fiscal officer shall be the presiding officer of the governing body.

"City." A city of the third class or a home rule municipality which was previously a city of the third class:

(1) with a population of at least 48,000 and not more than 55,000 based on the most recent Federal decennial census at the time receivership was terminated;

(2) for which a coordinator under Chapter 2 of the act of July 10, 1987 (P.L. 246, No. 47), known as the Municipalities Financial Recovery Act, is or has been appointed; and

(3) for which receivership has been terminated.

"City account." A trust fund held for the exclusive benefit of an assisted city.

"Controller." The elected controller of a city. In the case of a city which does not elect a controller, the term shall refer to a person designated by the intergovernmental cooperation agreement to administer financial controls for the city.

"Corporate entity." A municipal authority, other authority or other corporate entity that performs a governmental function on behalf of an assisted city or to which an assisted city has power of appointment or has pledged or designated revenues.

"Deficit." A negative fund balance in any principal operating fund or funds of an assisted city or corporate entity existing at the beginning of a fiscal year of the assisted city or projected to exist as of the close of a fiscal year of the assisted city as may be more specifically identified, calculated and specified in an intergovernmental cooperation agreement or financial plan of an assisted city described in section 209.

"Federal agency." The United States, the President of the United States and a department or corporation, agency or instrumentality created, designated or established by the United States.

"Governing body." The legislative body of a city.

"Governing law." The applicable statutes, home rule charter, optional plan or optional charter that provides for the officers, duties and powers of a city.

"Government agency." The Governor, department, board, commission, authority and an officer or agency of State government, including any that is not subject to the policy supervision and control of the Governor, a political subdivision, municipal or other local authority and an officer or agency of a political subdivision or local authority. The term does not include a court or other officer or agency of the unified judicial system or the General Assembly or any of its officers and agencies.

"Intergovernmental cooperation agreement." An agreement between an authority and a city entered into under the provisions of section 203(d).

"Party officer." The following members or officers of a political party:

(1) a member of a national committee;

(2) a chairman, vice chairman, secretary, treasurer or counsel of a State committee or member of the executive committee of a State committee;

(3) a county chairman, vice chairman, counsel, secretary or treasurer of a county committee; or

(4) a chairman, vice chairman, counsel, secretary, treasurer or ward leader of a city or municipal committee.

"Public official." An elected or appointed official or employee in the executive, legislative or judicial branch of the Commonwealth or a political subdivision thereof. The term does not include:

(1) A member of an advisory board that has no authority to expend public funds other than reimbursement for personal expense or to otherwise exercise the power of the Commonwealth or a political subdivision thereof.

(2) An appointed official who receives no compensation other than reimbursement for actual expenses.

"Termination date." December 31 of the fourth full calendar year following the year in which an intergovernmental cooperation agreement is entered into under section 203(d).

53 P.S. § 42104

2018, Oct. 24, P.L. 751, No. 124, § 104, imd. effective.