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Report
to the
Pennsylvania
General Assembly
Local Government Commission
General Assembly of the Commonwealth of Pennsylvania
Harrisburg, Pennsylvania
October 2014
Members of the General Assembly:
I am pleased to submit to you the following five-year report on the work
of the Local Government Commission, a legislative service agency, which,
in 2015, will commemorate its 80th Anniversary.
The Local Government Commission Law, among other things, required
the issuance of a “first report to the Legislature” in 1937 on the progress
of the Commission’s work. Although it did not mandate subsequent reports,
we provide this publication, as we did in 2004 and 2009, in the spirit of the
initial directive.
This report addresses the workload and projects of the Commission within
four categories or types of activities. These include on-going assignments,
periodic work products, recent and current Commission and cooperative
projects, and prospective Commission projects.
It is my hope that this document illustrates the level and quality of service
that the Commission and its staff have strived to achieve in providing
assistance to the Members of the General Assembly on matters involving
local government.
Sincerely,
Senator John H. Eichelberger, Jr.
Chairman
i
Local Government Commission Report
October 2014
Letter from the Chairman
Letter from the Chairman
Local Government Commission
The Local Government Commission is a bicameral, bipartisan legislative
service agency, providing the Members of the Pennsylvania General Assembly
with research and analysis on matters affecting local government. Having
been created in 1935 by an Act of Assembly, it is one of the oldest agencies
of its kind in the country. The Commission is comprised of five Senate
Members and five House Members, appointed by the President Pro Tempore
of the Senate and the Speaker of the House of Representatives, respectively.
A small staff assists the Commission with its administrative and statutory duties.
Members 2013-2014
Senate
Senator John H. Eichelberger, Jr., Chair
Senator Robert D. Robbins
Senator Edwin B. Erickson
Senator John N. Wozniak
Senator John P. Blake
House
Representative Chris Ross
Representative Mauree Gingrich
Representative Kate Harper
Representative Robert Freeman
Representative Mary Jo Daley
Staff
Michael P. Gasbarre, Executive Director
Philip H. Klotz, AICP, Assistant Director
David A. Greene, Esq., Legal Counsel
Kristopher J. Gazsi, Esq., Associate Legal Counsel
Danette H. Magee, Research Associate
Karen S. Bear, CPS, Secretary
Sonya I. Ebersole, Bookkeeper – Codes Coordinator
This Report to the Pennsylvania General Assembly was
developed in-house within the Local Government Commission’s
budget appropriation from the Pennsylvania General Assembly
at no additional cost.
ii
Ongoing Assignments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Member and Constituent Inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Legislation and Legal Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
Acts Signed into Law by the Governor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Legislative Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Assisting Standing Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
Quarterly Meetings with the Pennsylvania State Association
of Elected County Officials (PSAECO) . . . . . . . . . . . . . . . . . . . . . . . .5
Staff Outreach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
Ad Hoc/Advisory Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
Assessment Law and Legislative Task Force Committee . . . . . . . . . . .7
State Tax Equalization Board Blue Ribbon Committee . . . . . . . . . . .7
Developments of Regional Significance and Impact
Task Force Advisory Committee . . . . . . . . . . . . . . . . . . . . . . . . . . .8
House Resolution 343 of 2011: Task Force on Property Valuation
and Reassessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
House Resolution 344 of 2011: Task Force Relating
to the Pennsylvania State Tax Equalization Board . . . . . . . . . . . .10
Commission-Sponsored Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
State Mandate Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
Periodic Work Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Updating, Publishing and Distributing Municipal Codes . . . . . . . . . . . .13
Review of Intergovernmental Cooperation Agreements . . . . . . . . . . . .14
Pennsylvania Legislator’s Municipal Deskbook . . . . . . . . . . . . . . . . . . . . . . . . .17
Pennsylvania Municipalities Planning Code Recodification and
Amendments 1988-2005 – Cumulative Supplement . . . . . . . . . . . . . . . . . .18
Update and Use of Commission Website . . . . . . . . . . . . . . . . . . . . . . . .18
Recent and Current Commission and Cooperative Projects . . . . . . . . . . . . .20
Property Tax Reassessment Systems in the Commonwealth . . . . . . . . . .20
The Consolidated County Assessment Law . . . . . . . . . . . . . . . . . . . . . . .20
Recodification of the Borough Code and Incorporation
into Title 8 of the Pennsylvania Consolidated Statutes . . . . . . . . . . .21
Recodification of the Third Class City Code . . . . . . . . . . . . . . . . . . . . . .22
iii
(Continued on page iv)
Local Government Commission Report
Letter from the Chairman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
Local Government Commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii
Table of Contents
Table of Contents
Table of Contents
Recent and Current Commission and Cooperative Projects (continued)
Consolidation and Recodification of the County Code and
Second Class County Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23
County Officer and Employee Fiscal Security Act . . . . . . . . . . . . . . . . .25
Senate Resolution 323 of 2010 Study of Statutory Mandates
Placed on Counties and Municipalities . . . . . . . . . . . . . . . . . . . . . . . .26
Sheriff and Deputy Sheriff Education and Training Act . . . . . . . . . . . .27
Act 47 of 1987 Municipalities Financial Recovery Act
2013 Task Force Report and Commission Legislation . . . . . . . . . . . .28
Prospective Commission Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30
Incorporation of the Third Class City Code into Title 11
of the Pennsylvania Consolidated Statutes . . . . . . . . . . . . . . . . . . . . .30
Consolidation and Recodification of the County Code and
Second Class County Code, and Incorporation into Title 16
of the Pennsylvania Consolidated Statutes. . . . . . . . . . . . . . . . . . . . . .30
Recodification of the First Class Township Code . . . . . . . . . . . . . . . . . .31
Staff Information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
iv
Since its inception, the Local Government Commission has had a policy to
serve the Members of the General Assembly and their constituents on
matters pertaining to municipal government and related issues. The primary
focus of the staff, and its very first priority, is to respond to Legislators,
legislative staff, the public, local government groups, the media and others
in a manner that is both prompt
The “bread and butter”
and accurate. The “bread and
work of the office continbutter” work of the office
continues to be researching and
ues to be researching and
responding to a myriad of written
responding to a myriad of
and oral inquiries posed to the
written and oral inquiries
Commission staff on a daily basis.
posed to the Commission
Over the past five years, staff has
responded to about 2,300 substan- staff on a daily basis. Over
the past five years, staff
tive inquiries annually, which does
has responded to about
not include routine mailing or
2,300 substantive inquiries
pick-up of publications, such as
the municipal codes and other
annually . . . .
reports that are requested by
Members for delivery to constituents. Because of its extensive experience
and various areas of expertise, the Commission staff is able to respond to
inquiries in an expeditious manner. Written responses typically are compiled
and sent within a few days. Oral responses are usually provided in the
same day.
Staff has consistently maintained its policy of prompt and accurate
responses, despite that, over the years, the questions posed to the Commission have grown in complexity. Examples of the more intricate queries are:
“What is the status of an amended budget prepared by the mayor of municipality with an Optional Plan B form of government and subsequently
modified by council to contain increases and decreases in line items?”
“Does a municipality have the authority to charter and operate a public bank
to produce a favorable funding mechanism for municipal and school district
projects?” “Can the Development Permit Extension Act delay the release of
the improvement bond for a land development for which the developer
stopped completion of the development?” “How is the assessed value of
property calculated when the property lies in more than one county?”
1
Local Government Commission Report
Member and Constituent Inquiries
Ongoing Assignments
Ongoing Assignments
Legislation and Legal Issues
Commission staff often assists individual Legislators with the formulation
of bills relating to municipal issues. Staff assistance may include consultations
on municipal law, discussions with constituencies interested in the subject
matter, a substantive and technical review of
previously drafted legislation, or the drafting
Commission staff often assists
of legislation in final form on behalf of the
individual Legislators with the
Legislator and, upon the Member’s approval,
formulation of bills relating to
forwarding it to the Legislative Reference
municipal issues. . . . Although
Bureau as a finished product. Although staff
. . . neither the Members nor
is pleased to provide Legislators with technistaff of the Commission normally cal assistance at any phase of the legislative
take a position either endorsing
process, neither the Members nor staff of the
or disapproving such proposals.
Commission normally take a position either
endorsing or disapproving such proposals.
The legislation is that of the sponsoring Member and any cosponsors, if it
is introduced. Some of the legislation for which the Commission staff provided consultation or drafting assistance over the past five years included:
² Authorizing the sale of municipal personal property by electronic
auction.
² Providing for fiscal emergencies and receivership in cities of the
third class.
² Authorizing the abatement of real estate taxes because of recent
natural disasters.
² Clarifying provisions relating to open space tax authorizations and
expanding the authorized uses of tax revenue.
² Providing for the valuation of property in Philadelphia following
a reassessment.
These are examples of recent bills successfully enacted into law and do not
include the many other proposals of divergent size and scope that have been
drafted with the assistance of the Commission staff for introduction into
the legislative process.
Although the Commission does not provide legal opinions or render
determinations on legal issues, staff attorneys also occasionally prepare
memoranda for Members on difficult legal matters, such as those that relate
2
Since the late 1970s, the Commission has published a listing entitled Acts
Signed into Law by the Governor. Initially, the list was meant to enumerate the
subject matter of each bill when it was enacted. Its purpose was to enable
Legislators, as swiftly and accurately as possible, to determine which
legislative proposals successfully
Commission staff has striven
became law. The Acts Signed
into Law has evolved since its
to be . . . comprehensive in
inception. Partly as a result of
enumerating items contained
two polls taken of its main
in the Acts, while maintaining
users—Legislators and their
the brevity and objectivity
staffs—the listing has become
of the summary format . . . .
more exacting and specific in
[T]he publication is compiled
its descriptions. Although
as a service to the General
respondents were mostly
Assembly . . . .
satisfied with the accuracy and
timeliness of the list, many
wished to be able to pinpoint specific items included in the new laws. In
response, the Commission staff has striven to be somewhat more comprehensive in enumerating items contained in the Acts, while maintaining the
brevity and objectivity of the summary format.
Staff responsibility for compiling the Acts Signed into Law involves every
employee of the Commission. Even though individual staff members have
initial responsibility for composing specific act summaries, the entire staff
reviews each summary and the compiled listing for content and accuracy.
Although the publication is compiled as a service to the General Assembly,
its use is not limited to Members and their staffs. The Summary of Acts is
also sent electronically to various individuals and groups including former
Legislators, court officials, local officials, media representatives, police agencies,
3
Ongoing Assignments
Acts Signed into Law by the Governor
Local Government Commission Report
to constitutional questions involving local officials. Examples of recent
memoranda prepared by counsel include those on vacancies in the office
of sheriff in Philadelphia, ramifications of the Pennsylvania Supreme Court’s
decision In the Matter of: Opening a Private Road ex rel. Timothy P. O’Reilly on the
application of the Private Road Act, and constitutionality of legislation
affecting the powers of home rule municipalities.
executive agencies, libraries, law firms, local government associations and
local government-related groups. The Acts Signed Into Law also is available
to the public on the Commission’s website (http://www.lgcpa.org/search.cfm).
Legislative Update
The Legislative Update is a document generated each legislative session by
Commission staff. It is comprised of summaries of selected bills pertaining
to local government in Pennsylvania and is organized into several parts—
First Class Townships, Second Class Townships, Boroughs, Taxation and Finance,
The Update, on average,
Environment and Land Use, Community
contains over 120 bill summaries
Revitalization, Emergency Services, and
. . . . Members who wish
Miscellaneous. Staff prepares summaries of
to address local government
pertinent bills from the current legislative
issues in speaking engagements
session, including the bills’ present status,
primarily use the Update.
and places them into the appropriate
categories. The Update, on average, contains
over 120 bill summaries, which staff modifies on a weekly basis to reflect
substantive amendments and new printer’s numbers.
Members who wish to address local government issues in speaking
engagements primarily use the Update. If requested, staff will glean from the
Update the bills that are progressing through the legislative process and
highlight those of importance to a given constituent group.
Assisting Standing Committees
The staff of the Commission readily assists standing committee Members
and staff upon their request. Common practices include reviewing legislation
and amendments to bills, responding to forwarded letters or e-mails from
Members and their constituents, meeting with committee staff and interest
group representatives, and making presentations at meetings and hearings
on particular issues, if requested. Recent illustrations of this assistance
include providing historical and substantive presentations on municipal code
codifications and other municipal law, technical review of bills relating to
delinquent property tax and municipal lien collection, and municipal code
4
[Assistance to committees
commonly includes] reviewing legislation . . . ,
responding to forwarded
letters or e-mails from
Members and their
constituents, meeting with
committee staff and interest
group representatives, and
making presentations at
meetings and hearings . . . .
Commission staff frequently meets in conference to discuss legislation that
may be the subject of inquiries. In addition, and if necessary, assigned staff
members will prepare internal summaries and memoranda
on pending legislation for the benefit of remaining staff to keep them
informed on issues that may be raised by Legislators and legislative staff.
Quarterly Meetings with the Pennsylvania
State Association of Elected County
Officials (PSAECO)
Commission Members periodically meet with the Pennsylvania State
Association of Elected County Officials (PSAECO), a group comprised
of representatives from its member associations of county commissioners,
auditors, controllers, coroners, district attorneys, prothonotaries and clerks
of courts, recorders of deeds, registers of wills and clerks of orphans’
courts, sheriffs and treasurers. For each upcoming year, the Commission
coordinates a schedule of quarterly meetings with PSAECO, which typically
take place in March, June, September and December.
The quarterly meetings provide an open forum where the association
representatives are able to present their concerns, possible amendments to
5
Ongoing Assignments
Commission staff members
routinely attend various House
and Senate standing committee
meetings to obtain information
on legislation that may be
relevant to local government.
The executive director reviews
the schedule of weekly House
and Senate meetings and, if he
deems necessary, assigns
various staff members to
attend those meetings for
informational purposes.
Local Government Commission Report
violation penalties, and background information on eminent domain, hotel
room rental tax and the limits of municipalities’ power to regulate various
business activities.
municipal codes and other legislative proposals that they deem important for
review by Members and staff of the Commission. The Commission staff
provides the research that is necessary to analyze the proposed legislation for
validity and pertinence. Staff then presThe quarterly meetings provide an
ents proposed legislation to the full
open forum where the association
Commission at its monthly business
representatives are able to present
meeting and, if approved, the Comtheir concerns, possible amendments mission introduces the legislation in
the House and/or Senate under Comto municipal codes and other
mission sponsorship.
legislative proposals . . . .
An example of a recent long-term
legislative initiative is the comprehensive
update and consolidation of the County
Code and Second Class County Code as
the latter pertains to second class A
counties. PSAECO established a County Code Revision Committee to begin
the process of the update. Shortly thereafter, in March 2011, the Commission committed staff support to the Revision Committee during the lengthy,
multiyear revision process, discussed more fully on page 23 of this report.
The Commission staff provides
the research that is necessary
to analyze the proposed legislation
for validity and pertinence.
Staff Outreach
Commission staff is available, as time
permits, to participate in nonpartisan
educational outreach to elected officials,
municipal associations, state agencies and
constituents. Occurring a number of
times each year, these efforts have
included accompanying Members to
meetings of local officials to provide
expertise on municipal issues being
discussed in the Member’s district, and presenting and moderating seminars
on local government issues. Commission staff has routinely participated on
legislative update panels at the municipal association conferences. Upon the
request of a Member or with the authorization of the Commission, the
executive director assigns staff or appears personally to interact with municipal
[Staff outreach] efforts have
included accompanying Members to
meetings . . . to provide expertise
on municipal issues being discussed
in the Member’s district, and presenting and moderating seminars
on local government issues.
6
Commission staff has served on the following ad hoc/advisory committees:
Assessment Law and Legislative
Task Force Committee
The Assessors’ Association of
[T]he committee will be
Pennsylvania established the
focusing on reforms relating
Assessment Law and Legislative
to real property valuation
Task Force Committee to
and reassessment, including
address needed reforms relating
the development of uniform
to data collected and generated
standards for county
by the former State Tax Equalreassessment contracting.
ization Board (now the State
Tax Equalization Division
within the Pennsylvania Department of Community and Economic Development). In the future, the committee will be focusing on reforms relating to
real property valuation and reassessment, including the development of
uniform standards for county reassessment contracting. Representatives of
the Assessors’ Association of Pennsylvania and the County Commissioners
Association of Pennsylvania, and staff of the Local Government Commission and the Legislative Budget and Finance Committee make up
the committee.
State Tax Equalization Board
Blue Ribbon Committee
The Pennsylvania Department of Community and Economic Development
(DCED), at the direction of the Governor and the General Assembly,
established the State Tax Equalization Board (STEB) Blue Ribbon Committee to facilitate revisions to the operations and protocol of the STEB, which
is now the State Tax Equalization Division within the Department of
7
Ongoing Assignments
Ad Hoc/Advisory Committees
Local Government Commission Report
officials or constituents as an additional service to the Members of the
General Assembly or as a courtesy to the local government associations.
[DCED], at the direction of the
Governor and the General
Assembly, established the [STEB]
Blue Ribbon Committee to facilitate revisions to the operations
and protocol of the STEB, which
is now . . . within the [DCED].
Community and Economic Development.
The Department formed the committee
following the recommendations issued
in several reports.*
Several subcommittees, including a Formula
Subcommittee, were tasked with specific
objectives. The Formula Subcommittee was
established to work with a private consultant, under contract with DCED, to review the method of calculating the
county common level ratio and to identify and suggest possible revisions to
the method consistent with the state court requirement that all property
types be included in a single performance measure. A final report was issued
by the consultant in July 2014.
Membership included defined staff and members of DCED, STEB, the
Local Government Commission, the Senate and House Local Government
Committees, the Legislative Budget and Finance Committee, the Pennsylvania Department of Education, the Pennsylvania Department of Revenue, the
County Commissioners Association of Pennsylvania, the Assessors’ Association of Pennsylvania, the Pennsylvania School Boards Association, and real
estate and assessment practitioners.
Developments of Regional Significance and Impact
Task Force Advisory Committee
On September 19, 2006, a development-related landslide in Kilbuck Township,
Allegheny County, resulted in more than 500,000 cubic yards of earth temporarily closing the four-lane Ohio River Boulevard and three Norfolk
Southern Railroad tracks. As an upshot, House Resolution 845 of 2008
authorized the Joint State Government Commission to convene a task force
and advisory committee for the purpose of conducting an in-depth study on
the subject of “developments of regional significance and impact.” The
Commission’s community planner had been appointed to provide support.
* See Pennsylvania’s System for Property Valuation and Reassessment, Conducted Pursuant to House
Resolution 2009-334, Legislative Budget and Finance Committee, July 2010; A Special Performance
Audit of the Pennsylvania State Tax Equalization Board, “Certification of Market Values,” Pennsylvania Department of Auditor General, February 2011; Final Report on Property Valuation and
Reassessment, House Resolution 344 of 2011 Task Force, April 10, 2012; Final Report on the
Pennsylvania State Tax Equalization Board, House Resolution 344 of 2011 Task Force, April 10, 2012.
8
The Pennsylvania House of Representatives adopted House Resolution
(HR) 343 on June 27, 2011, which established a task force, with defined
membership, to further study issues identified in the July 2010 report issued
by the Legislative Budget and Finance Committee, relating to property
valuation and reassessment standards . Two members of the Local Government Commission were among the membership of the task force.
The Task Force utilized staff of the House Local Government Committee
and House Finance Committee, in consultation with and assistance from
staff of the Local Government Commission and the Legislative Budget and
Finance Committee to complete the following directives of the resolution:
² Develop a set of uniform standards for county reassessment
contracting.
² Develop standards for disclosing the county’s system of property
valuation and assessment.
² Develop a self-evaluation tool for counties to determine when a
reassessment is warranted.
² Recommend a standard to be used for a statewide mandatory
reassessment timeframe.
² Present any other recommendations to improve the system of property tax reassessment in the Commonwealth.
The HR 343 Task Force issued its report with findings and recommendations on April 10, 2012.
9
Ongoing Assignments
House Resolution 343 of 2011: Task Force
on Property Valuation and Reassessment
Local Government Commission Report
The purpose for the study arose from concerns over inadequate coordination
among regulatory decisionmakers and lack of municipal capacity, in some
instances, for reviewing large-scale, complex development applications.
The primary outcome was proposed Developments of Regional Significance
and Impact legislation as an amendment to the Pennsylvania Municipalities
Planning Code (Act 247 of 1968).
House Resolution 344 of 2011: Task Force Relating
to the Pennsylvania State Tax Equalization Board
The Pennsylvania House of Representatives adopted House Resolution (HR)
344 on June 27, 2011, which established a task force, with defined membership, to further study issues identified in the July 2010 report issued by the
Legislative Budget and Finance Committee relating to property valuation and
reassessment standards.
Because HR 344 was so closely related to HR 343, both resolutions were
addressed by one collective task force utilizing staff of House Local Government Committee and House Finance Committee, in consultation with and
with assistance from staff of the Local Government Commission and the
Legislative Budget and Finance Committee, to complete the following directives
of the resolution:
² Develop criteria and procedures for data submission by the county
to the State Tax Equalization Board (STEB) and verification by STEB.
² Address insufficient sample data, and assure and disclose that the
sample data relied on to develop a county’s performance measures
during a reassessment is representative of the bulk of the county’s
property inventory.
² Develop criteria and procedures for data collection by those individuals
or organizations conducting the collection of the data.
² Determine the viability of creating a uniform training program for
individuals and organizations collecting the data that is provided to
the county assessor.
The HR 344 Task Force issued its report with findings and recommendations
on April 10, 2012.
Commission-Sponsored Legislation
One of the primary functions of the Commission is to propose legislation
that will assist local governments to be more effective and efficient in
providing services. Legislation is drafted and introduced at the direction of
Commission Members. Subjects of legislation sponsored by the Commission
generally are raised for consideration by individual Commission Members, or
10
The staff drafts language for the proposed legislation and then submits it to
the Legislative Reference Bureau to put it into bill form. The staff also
prepares summaries for each legislative proposal sponsored by the Commission and secures the necessary signatures for sponsorship from the Members.
During the 2009-2010, 2011-2012
During the 2009-2010,
and 2013-2014 Legislative Ses2011-2012 and 2013-2014
sions, the Commission introduced
Legislative Sessions, the
75 pieces of legislation. ThirtyCommission introduced 75
six percent of those bills were
enacted into law. Major initiatives pieces of legislation. Thirtysix percent of those bills
enacted during the past three
sessions include The Consoliwere enacted into law.
dated County Assessment Law
(Act 93 of 2010), the County Officer and Employee Fiscal Security Act (Act
106 of 2011), The Borough Code recodification (Act 43 of 2012), The Third
Class City Code recodification (Act 22 of 2014), and The Borough Code
consolidation into Title 8 (Boroughs and Incorporated Towns) of the
Pennsylvania Consolidated Statutes.
Additionally, staff compiles a distilled compendium entitled Current Status of
Legislation Sponsored by the Local Government Commission, which is shared with
the Commission Members, the Chair and Minority Chair of the Senate Local
Government Committee, the Majority Chair and the Minority Chair of the
House Local Government Committee, affiliated legislative staff, and any
other party soliciting it. This listing is updated each week that the Legislature
is in session to guarantee that fresh facts, reflecting a change of a bill’s
substance and/or status, are provided to interested parties.
11
Ongoing Assignments
In the past, resolutions adopted at the annual conventions of statewide local
government associations, such as the County Commissioners Association of
Pennsylvania, the Pennsylvania State Association of Township Supervisors,
the Pennsylvania State Association of Boroughs, and the Pennsylvania State
Association of Elected County Officials (comprised of its 10 member
associations) are submitted to the Commission. The resolutions are thoroughly reviewed and researched by staff and then presented to the Commission membership for consideration and possible introduction as legislation.
Local Government Commission Report
by the various local government associations that request the Commission to
introduce initiatives on their behalf.
State Mandate Project
In 1981, the Commission initiated a long range project to study mandates
imposed by the Commonwealth upon political subdivisions. The project
resulted, in part, with development of a database that dealt with broadly
defined mandates, consisting of
Staff has made nearly 8,000 discrete
duties imposed or authorized by the
State Constitution, statutes and
identifications of these “mandates.”
administrative
agencies of the execuEach located mandate was described
tive branch.
by an array of operational and funcStaff has made nearly 8,000 discrete
identifications of these “mandates.”
Each located mandate was described
by an array of operational and
functional characteristics that was
intended to create a comprehensive and reviewable inventory of mandates
for use by the General Assembly, political subdivisions and academicians.
tional characteristics. . . . Commission
staff maintains the mandate database
by updating it whenever it is affected
by statute or regulation.
Commission staff maintains the mandate database by updating it whenever it
is affected by statute or regulation. This is done to maintain the integrity of
the vast database and is accomplished as a housekeeping task.
Currently, the database is used periodically whenever research requests
comport with variables that are part of the discrete identifiers in the inventory. For example, “auditor,” “State Planning Board” or “second class township” can be retrieved as items, individually or collectively, and can hypothetically be produced as all constitutional, statutory and regulatory mandates
relating to the subject or subjects.
The mandate database, however, is constantly in flux. Moreover, there is an
inability to attach fiscal costs to individual mandates. Thus, the database is
somewhat limited as a useful policy tool.
12
Each class of municipality operates under its own code of laws. The codes
establish governmental structure and delineate general and specific powers
of local government. They are The County Code, The Third Class City Code
(including Optional Third Class City Charter Law), Borough Code, The First
Class Township Code, and The Second Class Township Code.
The Local Government Commission Law defines the Commission’s statutory
responsibility of updating, publishing and distributing the municipal codes,
although recent changes in law are affecting the Commission’s duties in
this regard:
² Act 110 of 2013 amended Title 45 (Legal Notices) of the Pennsylvania
Consolidated Statutes (Pa.C.S.) to permit the Commission to electronically publish the five municipal codes in lieu of or in addition to
printed copies. Should the Commission publish the codes electronically, it must maintain them on the Commission’s website and update
them within 60 days of enactment of any amendments.
² The Borough Code has been placed in Title 8 (Boroughs and
Incorporated Towns) of the Pa.C.S. by Act 37 of 2014 and, therefore,
has not been published and distributed by the Commission recently.
The Commission is publishing Title 8 and distributing a limited
number of copies to all boroughs in late 2014, after which Title 8 will
be available by subscription from the Legislative Reference Bureau
(LRB), by purchase online from shopPAheritage.com, or at no cost
through the Pennsylvania General Assembly’s or Local Government
Commission’s websites.
² Similarly, The Third Class City Code, as reenacted and amended by
Act 22 of 2014, has not been published and distributed by the Local
Government Commission lately given that the Commission is working with the LRB to have the code placed in Title 11 (Cities) of the
Pa.C.S. during the 2015-2016 Legislative Session. The Commission
plans to make the Title 11 publication available in a manner similar
to the Title 8 publication.
13
Local Government Commission Report
Updating, Publishing and Distributing
Municipal Codes
Periodic Work Products
Periodic Work Products
Nevertheless, when the General Assembly ended the 2011-2012 Legislative
Session, Commission staff turned out new cumulative supplements for
The County Code, The Third Class City Code/Optional Third Class City
Charter Law, The First Class Township Code and The Second Class Township Code. Staff completed the update and publication of the four supplements, and their distribution to over 1,650 respective municipalities and
about 11,250 designated elected and
appointed officials in the Common[W]hen the General Assembly ended
wealth within three months of the end
the 2011-2012 Legislative Session,
of the legislative session.
Commission staff . . . . completed
the update and publication of . . .
four supplements, and their distribution to over 1,650 respective municipalities and about 11,250 designated
elected and appointed officials in the
Commonwealth within three months
of the end of the legislative session.
The codes, along with cumulative
supplements, have been supplied
principally to all Members of the
General Assembly, as well as to elected
and appointed municipal officials
throughout the Commonwealth. Upon
request by a Member, the Commission
has made available, at no cost, copies
of the various codes for distribution,
either through the Member’s office or through the Commission’s office as
directed by the Member, to specified parties, such as constituents with an
interest in the operation, evaluation or study of Pennsylvania’s local governments. To illustrate, Legislators requested approximately 1,200 codes on
behalf of constituents during the 2011-2012 Legislative Session. ShopPAheritage.com also has The County Code, The First Class Township Code and
The Second Class Township Code available for purchase at a reasonable price.
Review of Intergovernmental Cooperation
Agreements
The Pennsylvania Constitution, Article IX, Section 5, provides that “[a]
municipality may . . . cooperate or agree in the exercise of any function,
power or responsibility with, or delegate or transfer any function, power or
responsibility to, one or more other governmental units including other
municipalities or districts, the Federal government, any other state or its
governmental units, or any newly created governmental unit.”
14
laws of this Commonwealth.”
The Commission also has
the authority to recommend
changes to the agreement.
The law specifies that the
Commission’s role in reviewing
agreements is advisory, and
the Commission has always
interpreted review as not involving any power to modify, veto or prohibit.
Furthermore, the Commission is not charged with making judgments or
commenting on the fiscal impact, societal or economic ramifications, or
other policy implications of an agreement. In accordance with the requirements of the law, it is only charged with preparing a “response” to the
agreement “with regard to form and compatibility with the laws of this
15
Periodic Work Products
In 2012, the Commission facilitated an amendment to Section 2314 to
extend the review period and further clarify and narrow the types of intergovernmental cooperation agreements subject to Commission review.
Based on significant past experience, the Commission determined that some
agreements subject to Commission review did not implicate questions of the
scope of municipal power, and
were either expressly authorized In accordance with the
requirements of the law,
in law or routine contractual
functions. Consequently, the law [the Commission] is only
charged with preparing a
currently reflects an enumeration of exceptions to agree“response” to the agreements that would otherwise be
ment “with regard to form
subject to Commission review
and compatibility with the
at subsection 5614(c).
Local Government Commission Report
In 1972, the General Assembly adopted enabling legislation pursuant to this
constitutional authorization. Now set forth in Title 53 of the Pennsylvania
Consolidated Statutes (Pa.C.S.), Sections 2301-2315, the law relating to
intergovernmental cooperation was originally adopted as Act 180 of 1972.
It authorizes two or more “local governments” to “jointly cooperate in the
exercise or in the performance of their respective governmental functions,
powers or responsibilities.” 53 Pa.C.S. § 2303(a). A provision of Act 180,
now found at 53 Pa.C.S., Section 2314, required that certain intergovernmental cooperation agreements be submitted to the Commission for review and
recommendation. Review is not necessary for agreements between local
governments within Pennsylvania. However, review is required for agreements between a Pennsylvania local government and any of the following:
“the Commonwealth, any other state, government of another state or the
Federal Government . . . .”
Commonwealth.” The Commission also has the authority to recommend
changes to the agreement.
After receipt of an agreement and authorization from the Commission, the
Commission legal staff conducts a review and prepares a summary and
recommendation for deliberation by the Commission Members. After review
by Members of the Commission, the executive director transmits notice of
the completion of the review, along with any recommendation, to the official
or entity requesting the review.
Since 2009, the following intergovernmental cooperation agreements have
been reviewed by the Commission:
² August 26, 2009 – An Agreement between the City of Pittsburgh and
municipalities from other states for purposes of public safety during
the G-20 Summit commencing on September 24, 2009.
² April 14, 2010 – An Agreement between Little Meadows Borough,
Susquehanna County, and the Town of Owego, New York, to establish maintenance obligations for two roads.
² March 9, 2011 – An Agreement between Mahoning Township,
Lawrence County, and Poland Township, Ohio, intended to establish
mutually beneficial reciprocal police services.
² March 28, 2012 – An Agreement between East Stroudsburg Borough,
the Pennsylvania Department of Environmental Protection and the
United States Army relating to rehabilitation of the Brodhead Creek
levee structures in the Borough.
² May 9, 2012 – Two Agreements submitted on behalf of the Stroud
Area Regional Police Department (SARPD)—one with Bloomsburg
University establishing the parameters of University internship placements at the SARPD, and the other between the SARPD and East
Stroudsburg University through which the University would purchase
training/educational services from the SARPD.
² August 31, 2012 – An Agreement between the City of Pittsburgh
and the City of Charlotte and Mecklenburg County, North Carolina, for providing police services at the Democratic National
Convention (withdrawn).
16
The Commission staff created the Pennsylvania Legislator’s Municipal Deskbook
as an on-line publication to provide a collection of useful and concise articles
on fundamental concepts regarding municipal government, common local
government-related concerns that may arise from constituent inquiries, and
various resources pertaining to
municipal issues, including laws
The Commission staff
affecting municipalities, pertinent
created the . . . Deskbook
publications, contacts for governas an on-line publication to
ment agencies and municipal
provide a collection of . . .
associations, and relevant websites.
articles on fundamental
In essence, the Deskbook offers
concepts regarding municsuggestions on the approach to
ipal government, common
constituent inquiries, information
for understanding the organization local government-related
concerns that may arise
and operation of local government, and articles relating to
from constituent inquiries,
citizens’ rights, municipal goverand various resources
nance, public health, safety and
pertaining to municipal
welfare, land use, and taxation
issues . . . .
and finance.
The Commission staff published the first edition of the Deskbook in 2002,
and updated and expanded second and third editions in 2003 and 2006,
respectively. The publication has substantively grown by 40 percent since its
first printing. In 2014, Commission staff performed a comprehensive update
of the Deskbook. All professional staff has contributed articles to the publication. The current edition is available on the Commission’s website
(http://www.lgc.state.pa.us/deskbook.shtml) and may be downloaded by article.
17
Periodic Work Products
Pennsylvania Legislator’s Municipal
Deskbook
Local Government Commission Report
² October 16, 2013 – Two Agreements on behalf of the City of
Harrisburg relating to parking facility financing, operations, and
enforcement—one with the Pennsylvania Economic Development
Financing Authority, and the other with the Pennsylvania Department
of General Services.
Pennsylvania Municipalities Planning
Code Recodification and Amendments
1988-2005 – Cumulative Supplement
Over the course of 12 years, since the reenactment and amendment of the
Pennsylvania Municipalities Planning Code (MPC) by Act 170 of 1988, the
Commission has published and distributed summaries and analyses of
amendments to the MPC in 1989, 1993, and 2000, with each of the latter
two editions being updated to reflect any new amendments. These publications, the likes of which have only been published by the Commission, have
been popular and valuable references
In 2006, the Commission consolidated for Legislators, governmental officials, attorneys and others.
the three publications into a new one
In 2006, the Commission consolidated the three publications into a
new one entitled Pennsylvania Municipalities Planning Code Recodification and
Amendments: 1988-2005. In the
process, staff prepared summaries
and analyses of amendments to the
MPC since the 2000 edition, and
updated all the case law and reference citations. Since then, staff also produced in-house an up-to-date cumulative supplement every two years, at the end of each legislative session, to
address any subsequent revisions to the MPC. The 2006 publication and
current cumulative supplement are available on the Commission’s website
(http://www.lgc.state.pa.us/publications_mpc.shtml).
entitled Pennsylvania Municipalities
Planning Code Recodification and
Amendments: 1988-2005. . . . Since
then, staff also produced in-house an
up-to-date cumulative supplement
every two years, at the end of each
legislative session . . . .
Update and Use of Commission Website
The Commission maintains an Internet website (http://www.lgc.state.pa.us).
The website functions as a conduit through which Members, government
agencies and associations, and constituents can access information pertaining
to local governments in Pennsylvania, selected Commission reports, publications and projects, the Commission’s Pennsylvania Legislator’s Municipal Deskbook and Acts Signed Into Law by the Governor, frequently cited municipal laws
18
The Commission’s website also includes detailed information about primary
legislative initiatives such as: The Third Class City Code and Borough Code
recodifications, the Act 47 of 1987 Municipalities Financial Recovery Act
Task Force, the Senate Resolution 323 of 2010 Mandate Study, the County
Officer and Employee Fiscal Security Act and the Consolidated County
Assessment Law.
Particularly noteworthy is the number of times the Commission’s site,
“Frequently Cited Municipal Laws of Pennsylvania,” was used. From January
2011 through July 2014, this link had the largest amount of traffic, being
accessed about 16,000 times. Another valuable online tool is the Commission’s Deskbook, which was updated in 2014. The Deskbook was used well over
5,000 times from January 2011 through July 2014.
The electronic versions of highly used Commission publications, such as the
Deskbook and the Acts Signed Into Law, can be updated immediately rather than
waiting until new publications are printed and distributed. The availability of
information on the website saves Members and their staff time and resources
in responding to constituents and researching local government issues.
19
Periodic Work Products
The Commission’s website continues to experience an increase in traffic each
year. At this juncture the website is primarily a work-driven site, which means
most access comes from desktop computers. However, as the accessibility of
mobile devices and connectivity expand, mobile views of the Commission’s
website have quadrupled in the past two years and tablet accesses have
increased 8 times over the 2011-2012 total.
Local Government Commission Report
of Pennsylvania, municipal bidding limits, monthly financial reports, minutes
of Commission meetings, and general information about the Commission,
its membership and its staff.
Recent and Current Commission
and Cooperative Projects
Property Tax Reassessment Systems
in the Commonwealth
House Resolution 334 of 2009 required the Legislative Budget and Finance
Committee in conjunction with the Commission and the State Tax Equalization Board, and the requested assistance of the Assessors’ Association of
Pennsylvania and the County Commissioners Association of Pennsylvania,
to conduct a study of the current property tax
House Resolution 334 of 2009
reassessment systems in the Commonwealth
required . . . a study of the
and develop recommendations to improve and
current property tax reassessupdate the present systems. The study examined,
in addition to the systems in Pennsylvania,
ment systems in the Commonthose in Maryland, California, and other states
wealth and . . . recommendawith similar demographics to Pennsylvania. The
tions to improve and update
resolution was a result of the 2009 Pennsylvania
the present systems.
Supreme Court decision, Clifton v. Allegheny
County, pertaining to the constitutionality of the county’s use of the base year
method of property assessment. As a result of the study, the Legislative
Budget and Finance Committee issued the report, Pennsylvania’s System for
Property Valuation and Reassessment, in July 2010.
Consolidated County Assessment Law
The Assessors’ Association of Pennsylvania (AAP)—an affiliate of the
County Commissioners Association of Pennsylvania (CCAP)—formed an
Assessment Reform Committee in 2001. The AAP charged the committee
with creating a legislative proposal that would consolidate the assessment
laws pertaining to counties of the second class A through the eighth class
into one new uniform assessment law. The 12-member committee was made
up of a wide array of real estate assessment personnel (assessors and
administrators) from various counties throughout the Commonwealth.
Two Commission staff persons, appointed as the legislative staff to serve on
the committee, played a major role. Due to the technical nature of the work
involved with consolidating the various assessment laws, a small subcommittee, including Commission staff, took on the tasks of preparing the initial draft
of the consolidated assessment law and a section-by-section commentary
20
Recodification of the Borough Code and
Incorporation into Title 8 of the
Pennsylvania Consolidated Statutes
The Borough Code had been in its current form since 1966 and contained
many provisions that were archaic or in conflict with other statutes. Thus, the
Pennsylvania State Association of Boroughs established the Borough Code
Revision Committee as an ad hoc committee in 2003. The committee formally requested the ongoing participation, technical advice and expertise of
Commission staff in this comprehensive Code revision, based on the Commission's experience with the Second Class Township Code Recodification in
1995 and efforts on the Third Class City Code Recodification (introduced as
Senate Bill 497 in the 2013-2014 Legislative Session, and enacted as Act 22
of 2014).
With the committee completing its review of all the articles, Commission
staff produced an executive summary providing highlights of the proposed
changes article-by-article, a commentary explaining the highlights section-bysection, and disposition and derivation tables to show where existing sections
have been relocated and from where new sections have originated. The Local
Government Commission introduced the proposed recodification as House
21
Recent & Current Projects
CCAP requested the Members of the Local Government Commission to
sponsor the final legislative proposal. The Consolidated County Assessment
Law was enacted as Act 93 of 2010 and codified in Title 53 of the
Pennsylvania Consolidated Statutes (Municipalities Generally), Chapter 88.
Local Government Commission Report
of the legislation. In order to
CCAP requested the Members
aid Members of the General
of the Local Government ComAssembly and legislative staff
mission to sponsor the final
in reading this comprehensive
legislative proposal.
legislation, Commission staff
The Consolidated County
prepared an Executive SumAssessment Law was enacted
mary as well as a Commenas Act 93 of 2010 . . . .
tary. The Executive Summary
highlighted the major changes
while the Commentary provided a more in-depth review by section. Staff
also prepared disposition and derivation tables.
Bill 1702 during the 2011-2012 Legislative Session, which the House of
Representatives passed on December 19, 2011, and the Senate passed on
May 1, 2012, as amended. The House of Representatives concurred in
Senate amendments on May 7, 2012, and Governor Corbett signed House
Bill 1702 into law as Act 43 of 2012, which became effective on July 16, 2012.
Upon completing a nine year effort to
modernize the Borough Code, Commission staff worked with the Legislative
Reference Bureau to place the language
of the Code into Consolidated Statute
format, as well as include a number of
technical and substantive changes. The
Commission introduced House Bill 1719
during the 2013-2014 Legislative Session
to incorporate the provisions of the
Borough Code, as amended and reenacted by Act 43 of 2012, into Title 8 (Boroughs and Incorporated Towns) of
the Pennsylvania Consolidated Statutes (Pa.C.S.). House Bill 1719 became
Act 37 of 2014 when it was signed into law by the Governor on April 18,
2014. The new consolidated statute became effective on June 18, 2014. This
was the first municipal code to be placed in the Pa.C.S.
Upon completing a nine year effort
to modernize the Borough Code,
Commission staff worked with the
Legislative Reference Bureau . . .
to incorporate the provisions of the
Borough Code, as amended and
reenacted by Act 43 of 2012, into
Title 8 . . . of the Pennsylvania
Consolidated Statutes.
Recodification of the Third Class City Code
In 2003, the Pennsylvania Municipal League (PML) requested Commission
staff to review and comment on a proposed rewrite of the Third Class City
Code, which was originally enacted in 1931, and reenacted and amended in
1951. Subsequently, a working group, including Commission staff, other
legislative staff members, several third class city officials, and a city solicitor,
reviewed the proposed rewrite, article-by-article and section-by-section.
After a multiyear effort with the PML working group to rewrite and update
the Third Class City Code, the Local Government Commission introduced
the proposed recodification initially as Senate Bill 1266 during the 2009-2010
Legislative Session, then as Senate Bill 874 during the 2011-2012 Legislative
Session, and finally as Senate Bill 497 of the 2013-2014 Legislative Session.
Governor Corbett signed Senate Bill 497, as amended, into law as Act 22
of 2014, which became effective on May 18, 2014. The next step is
22
group to rewrite and
update the Third Class
City Code, the Local Government Commission
introduced the proposed
recodification . . . .
Governor Corbett signed
Senate Bill 497,
as amended, into law as
Act 22 of 2014.
The Optional Third Class City Charter Law of 1957 is no longer
available for cities to use if they have not already done so since it has
been supplanted by the Home Rule and Optional Plans Law in Title 53
of the Pa.C.S., Chapter 23, Subchapter A (relating to intergovernmental
cooperation). The Optional Third Class City Charter Law, however,
is being used by several cities and, therefore, is not amended.
Consolidation and Recodification
of the County Code and Second Class
County Code
In March 2011, Commission staff started providing support to the
Pennsylvania State Association of Elected County Officials (PSAECO)
County Code Revision Committee with the update and merger of the
County Code and the Second Class County Code, as the latter pertains to
second class A counties. The County Code concerns third through eighth
class counties. The County Code and the Second Class County Code have
not undergone comprehensive updates since their enactment in 1955 and
23
Recent & Current Projects
In order to aid Members of the
General Assembly and legislative
staff in reading the legislation,
Commission staff prepared an
Executive Summary as well as a
Commentary. The Executive
Summary highlights the major
changes by article, while the
Commentary provides a more indepth review by section. Staff
also created disposition and
derivation tables.
Local Government Commission Report
incorporation of the Code into Title 11 (Cities) of the Pennsylvania
Consolidated Statutes (Pa.C.S.) (see article on page 30), as the Commission
did with the Borough Code in
After a multiyear effort
Title 8 (Boroughs and Incorporated
with the PML working
Towns) of the Pa.C.S.
1953, respectively. PSAECO represents the statewide associations of county
commissioners, auditors, controllers, coroners, district attorneys, prothonotaries and clerks of courts, recorders of
In March 2011, Commission staff deeds, registers of wills and clerks of
started providing support to the
orphans’ courts, sheriffs and treasurers.
The purpose of the revision, in addition to
integration of the two codes, is to amend
the combined code to reflect case law and
current practices, standards and requirements, as well as update archaic language.
The Revision Committee and Commission
staff only include changes for which the
stakeholders can reach consensus. The ultimate goal is to develop “clean”
legislation that can make it through the legislative process and present the
combined up-to-date code to Commission Members for their consideration
of sponsorship.
[PSAECO] County Code Revision
Committee with the update and
merger of the County Code and
the Second Class County Code,
as the latter pertains to second
class A counties. . . .
Historically, a comprehensive update of a municipal code, such as that of the
Borough Code and the Third Class City Code, most recently, has taken
approximately eight years to thoroughly examine each article, section-bysection. As of the publication of this
Historically, a comprehensive
report, the Revision Committee and staff
update . . . has taken approxiare about half way through the project.
The Revision Committee and staff normally meet every other month. In addition,
a separate subcommittee on fiscal affairs is
meeting bimonthly for over a year, and a
subcommittee of the County Directors of Veterans Affairs is convening a
number of times as well. Appropriate state agencies, such as the Department
of Community and Economic Development, the Department of Health, and
the Department Military and Veterans Affairs are also being consulted as
part of the process.
mately eight years. . . . [T]he
Revision Committee and staff are
about half way through the project.
24
The legislative proposal, entitled the other property sustained
as a result of fraudulent
County Officer and Employee
Fiscal Security Act, which added the or dishonest acts. . . .
first chapter into Title 16 (Counties) [T]he Governor signed
of the Pennsylvania Consolidated
the bill into law on
Statutes, was made applicable to
November 16, 2011 . . . .
counties of the second class through
the eighth class, including home rule counties. The Local Government
Commission introduced the legislation initially as Senate Bill 1155 during the
2009-2010 Legislative Session and again as Senate Bill 834 early in the 20112012 Legislative Session. Upon final passage, the Governor signed the bill
into law on November 16, 2011, becoming effective immediately.
Under the act, counties are empowered to select their method of coverage,
whether it is an individual bond, a blanket bond, or crime-fidelity insurance
(or any combination of the three) in amounts determined by the county
25
Recent & Current Projects
In 2006, the Local Government Commission authorized its staff to become
part of a working group to review current laws relating to bonding and
security for elected and appointed county officials and employees who act in
a fiduciary capacity. Over a period of three years, the staff met periodically
with representatives from the County Commissioners Association of Pennsylvania, the Pennsylvania State Association of Elected County Officials, the
Departments of State, Revenue and Auditor General, the Pennsylvania Game
Commission, and the Pennsylvania Fish and Boat Commission. The working
group developed legislation that
The working group
modernizes bonding and security
requirements for county officials
developed legislation that
and employees responsible for the
modernizes bonding and
handling of money as collection
security requirements for
agents for both counties and the
[certain] county officials
Commonwealth, and protects
and employees . . . and
counties and the Commonwealth
protects counties and the
against losses of money and other
Commonwealth against
property sustained as a result of
losses of money and
fraudulent or dishonest acts.
Local Government Commission Report
County Officer and Employee Fiscal
Security Act
commissioners, or legislative policy-making body in home rule counties, to
satisfy the required overall coverage for officials and employees. The previous
specific amounts of individual bonds, which had not been updated in over
50 years, were repealed. Counties annually determine the amount of security
coverage needed, in whatever form, that would be sufficient to protect
against risks of loss. If the amount is not sufficient, it does not relieve a
county of any liability incurred for losses above the amount of security it has
purchased. In addition, a Commonwealth agency, such as the Pennsylvania
Game Commission, retains any existing rights it may have with regard to
approval of the amount of a bond or other security. Furthermore, the act
specifically authorizes counties to employ risk managers to assist them in
compiling information relevant to determining the amount of security needed.
Senate Resolution 323 of 2010 Study
of Statutory Mandates Placed on
Counties and Municipalities
On July 2, 2010, the Senate of Pennsylvania passed Senate Resolution (SR) 323,
directing the Local Government Commission (LGC) to establish a task force
to study unfunded and underfunded state statutory mandates that affect
Pennsylvania’s municipalities—its counties,
cities,
boroughs, town, and townships. The
On July 2, 2010, the Senate of
SR 323 Task Force included six legislators,
Pennsylvania passed Senate
five municipal association representatives,
Resolution (SR) 323, directing
thirteen executive branch agency representathe Local Government Commistives, and six academic advisors. The Senate
sion (LGC) to establish a task
recognized that the increasing costs of
force to study unfunded and
mandates undoubtedly put a strain on
underfunded state statutory manmunicipal resources and may well increase
dates that affect Pennsylvania’s
the local tax burden on citizens and businesses, thus ultimately impacting the ecomunicipalities . . . .
nomic health of communities. Moreover,
prior to study, no comprehensive published information existed on state
mandates that may affect municipalities in the Commonwealth.
Senate Resolution 323 directed the Task Force to compile a comprehensive
list of statutory mandates placed on municipalities, which describes for each
26
Sheriff and Deputy Sheriff Education and
Training Act
Pursuant to a resolution adopted by the County Commissioners’ Association
of Pennsylvania, with the support and participation of the Pennsylvania
Commission on Crime and Delinquency and the Pennsylvania Sheriffs’
Association, the Commission introduced a substantial rewrite of the Deputy
Sheriffs’ Education and Training Act during the 2013-2014 session, redesignated as the Sheriff and Deputy Sheriff Education and Training Act, which
27
Recent & Current Projects
provisions, a compre-
The SR 323 Report, submitted to the hensive list of 6,508
Senate of Pennsylvania and the Local discrete statutory manGovernment Commission Members
dates placed on counties
on October 9, 2012, provided a
and municipalities, . . .
review of 27 states’ constitutional
and/or statutory mandate provisions, the annual cost of the
20 or so most burdena comprehensive list of 6,508 dissome mandates . . .
crete statutory mandates placed on
counties and municipalities, an annual and recommendations
accounting of about $1.6 billion
for mandate relief.
allocated to municipalities by 17 state
agencies to implement the mandates, the annual cost of the 20 or so most
burdensome mandates identified by counties and municipalities, and general
legislative, institutional and specific legislative recommendations for mandate
relief. The Task Force Report can be accessed on the Commission’s website
(http://www.lgc.state.pa.us/).
Local Government Commission Report
mandate whether it is federal and/or state in origin, whether it is required or
discretionary, the average annual cost to municipalities if determinable, and
the amount of money provided by the federal government or the Commonwealth to implement the mandate. SR 323 further charged the Task Force
with making findings and recommendations on cost savings that could be The SR 323 Report,
submitted to the Senate
achieved through partial waiver or
elimination of certain mandates and
of Pennsylvania . . . ,
possible alternative procedures that
provided a review of
could provide a mechanism to munici- 27 states’ . . . mandate
palities for mandate relief.
expanded the act to cover elected and appointed sheriffs in addition to
deputy sheriffs. Enacted as Act 114 of 2014, sheriffs are now compelled to
undergo the same training certification as deputy sheriffs required by the
renamed Sheriff and Deputy Sheriff EducaEnacted as Act 114 of 2014,
tion and Training Board (the Board).
sheriffs are now compelled to
Although a candidate for the office of
sheriff would not be required to complete
undergo the same training certhe training prior to election, a newly elected
tification as deputy sheriffs
sheriff
is required to obtain the training
required by the renamed Sheriff
during the sheriff ’s first term of office, or
and Deputy Sheriff Education
within 18 months in the case of an
and Training Board . . . .
appointed sheriff. The Board may reduce
the number of hours of training where the sheriff, through prior education
or experience has acquired the knowledge or skill equivalent to the Board’s
training program. Any sheriff who does not complete the training before
the expiration of the sheriff ’s first term will be deemed ineligible to be
on the ballot for a subsequent term. The enactment also expanded the
Board’s powers to address revocation and reinstatement of the Board’s
training certification.
Act 47 of 1987 Municipalities Financial
Recovery Act 2013 Task Force Report
and Commission Legislation
In 1985, the Local Government Commission created a task force to examine municipalities experiencing economic and fiscal distress as a result of
structural changes in their local economies or managerial deficiencies.
Resulting from this effort was the enactment of the Municipalities Financial
Recovery Act, commonly known as Act 47 of 1987. In its 25-year existence,
27 municipalities have entered Act 47 seeking recovery, but only seven have
had their distressed status rescinded by the Secretary of the Department of
Community and Economic Development. The statute’s effectiveness has
been questioned at times with the viability of some distressed municipalities
being uncertain.
As a result of public hearings in late 2011 and the continued issues with the
Act 47 process in general, in March 2013, the Commission reinstituted a
28
Recent & Current Projects
29
Local Government Commission Report
21-member Act 47 Task Force for
[I]n March 2013, the
which it invited participation of all
Commission reinstituted
relevant stakeholders, and appointed
a 21-member Act 47
Commission Members, Senator John
Task Force . . . . ExtenEichelberger, Senator John Blake,
Representative Chris Ross and Repre- sive deliberations . . .
during 2013 resulted in
sentative Robert Freeman, naming
Senator Eichelberger and Representa- publication of the Task
tive Ross as co-chairs. Extensive
Force Report, which condeliberations of the Task Force and
tains . . . legislation to
its four subcommittees on procedure, remedy Act 47. The
labor, economic development/tax
Commission introduced
exempt property, and finance/indebtthe same legislation as
edness during 2013 resulted in
Senate Bill 1157 of 2013
publication of the Task Force
and House Bill 1773 of
Report, which contains background
2013, but chose to
on Act 47, issues with Act 47 and
shepherd the House Bill
affected municipalities, the rationale
for addressing issues, and the resultthrough the legislative
ant legislation to remedy Act 47.
process . . . .
The Commission introduced the same
legislation as Senate Bill 1157 of 2013 and House Bill 1773 of 2013, but
chose to shepherd the House Bill through the legislative process, which as of
the date of this publication passed the House and Senate, and is before the
House for concurrence in Senate amendments. Information on the Task
Force and subcommittee deliberations, the Task Force Report, and the
resultant legislation are available on the Commission’s website
(http://www.lgc.state.pa.us/).
Prospective
Commission Projects
Incorporation of the Third Class City Code
into Title 11 of the Pennsylvania
Consolidated Statutes
Upon culmination of an 11-year effort to modernize The Third Class City
Code with Act 22 of 2014 (see article on page 22), Commission staff is
working with the Legislative Reference Bureau to place the language of the
Code into Consolidated Statute format. The Commission most likely will
introduce a bill in the Senate early in the 2015-2016 Legislative Session to
incorporate the provisions of The Third Class City Code, as amended and
reenacted by Act 22 of 2014, into Title 11 (Cities) of the Pennsylvania
Consolidated Statutes (Pa.C.S.). This will be the second municipal code to be
placed in the Pa.C.S. following the Borough Code in 2014.
Consolidation and Recodification
of the County Code and Second Class
County Code and Incorporation
into Title 16 of the Pennsylvania
Consolidated Statutes
Commission staff, in providing support to
the Pennsylvania State Association of
Elected County Officials (PSAECO) County
Code Revision Committee, anticipates
completing the update and consolidation of
the County Code and Second Class County
Code, as the latter pertains to second class A
counties, by 2017—the product of a seven
year process (see the article on page 23).
At that time, staff would present the combined up-to-date code to Commission Members for their consideration of
sponsorship. As with the other municipal code updates, staff would prepare
an executive summary, a section-by-section commentary, disposition and
derivation and tables to accompany the new code.
Commission staff, in providing
support to the [PSAECO] County
Code Revision Committee, anticipates completing the update and
consolidation . . . by 2017 . . . .
Incorporation of the County
Code into the Pa.C.S. could
occur as soon as 2019.
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In 2008, representatives of the Pennsylvania State Association of Township
Commissioners (PSATC)—a statewide organization for governing bodies of
first class townships—approached the Commission staff about participating
and providing support in a section-by
section review and modernization of the Assuming continued
First Class Township Code, similar to
interest by the PSATC,
that which has been underway for the
the Commission may
Borough Code, Third Class City Code
provide support on
and County Code. Given workload and
[the recodification of
staff capacity considerations, as evithe First Class Towndenced by this report, the Commission
ship Code] in 2015.
deferred possible participation in this
project at least until staff ’s substantial
involvement in updating the Borough Code and Third Class City Code has
been completed. Assuming continued interest by the PSATC, the Commission may provide support on this project in 2015. As with the other codes,
staff anticipates a comprehensive review and modernization of the Code to
take as long as six years.
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Prospective Projects
Recodification of the First Class
Township Code
Local Government Commission Report
Upon a County Code recodification bill going through the legislative process
and being enacted, the Commission staff would envision working with the
Legislative Reference Bureau to place the code into Title 16 (Counties) of
the Pennsylvania Consolidated Statutes (Pa.C.S.), which has occurred with the
Borough Code (Title 8) and is occurring with the Third Class City Code
(Title 11). Incorporation of the County Code into the Pa.C.S. could occur as
soon as 2019.
Staff Information
Name/Title/E-Mail
Post-Secondary Education
Michael P. Gasbarre
Executive Director
mgasbarre@palegislature.us
B.A. Indiana University of Pennsylvania
M.P.A. University of Pittsburgh
M.A. St. Francis University
Philip H. Klotz, AICP
Assistant Director
pklotz@palegislature.us
B.S.
M.S.
The Pennsylvania State University
East Stroudsburg University
David A. Greene, Esq.
Legal Counsel
dgreene@palegislature.us
B.A.
J.D.
The Pennsylvania State University
Widener University School of Law
B.A.
J.D.
Lebanon Valley College
The Pennsylvania State University
The Dickinson School of Law
Danette H. Magee
Research Associate
dmagee@palegislature.us
B.S.
M.S.
Shippensburg University
Shippensburg University
Karen S. Bear, CPS
Secretary
kbear@palegislature.us
A.S.B. South Hills School
of Business & Technology
Kristopher J. Gazsi, Esq.
Associate Legal Counsel
kgazsi@palegislature.us
Sonya I. Ebersole
A.S.A. Harrisburg Area
Bookkeeper – Codes Coordinator
Community College
sebersol@palegislature.us
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