Local Government 2013-2014
The Senate Local Government Committee met on Friday, June 27, 2014 to consider the following:
HB 1590, PN 3664 (Scavello)-Mandates a tax collector education program for all tax collectors to become certified as qualified tax collectors, requires a mandatory criminal history check for anyone running for the office of tax collector or placed on the ballot through a write-in campaign, and provides for the submission of property taxes. Amendment # A08526 was offered by Senator Smucker requiring the tax collector to name a designee in the event the tax collector becomes incapacitated. The amendment was approved by unanimous vote. The bill was reported as amended by unanimous vote.
The Senate Local Government Committee met on Wednesday, June 18, 2014 to consider the following:
HB 1773, PN 3553 (Ross)-Revises the Municipalities Financial Recovery Act in order to make it more effective in bringing distressed municipalities back to firm financial footing and provides for the disincorporation of municipalities deemed to be non-viable. Senator Eichelberger offered amendment A07757 which clarified the use of the payroll preparation tax in relationship to the mercantile tax and the use of a local services tax in lieu of a commuter tax. The amendment was approved unanimously. The bill was reported as amended by unanimous vote.
SB 1319, PN 1910 (Erickson)-Amends the Second Class Township Code, to further provide for property maintenance codes, reserved powers, and the Uniform Construction Code. The bill was reported as committed by unanimous vote.
The Senate Local Government Committee met Tuesday June 10, 2014 to consider the following:
SB 1322, PN 1914 (Eichelberger)-Amends Title 53 (Municipalities Generally), Section 8811(a) allowing local taxing districts to assess buildings that are not permanently attached to the land The bill was reported as committed by unanimous voted.
SB 1207, PN 1637 (Pileggi)-This legislation would expand the list of permitted investments for local governments, school districts and municipal authorities to deal with the impact of low yields, the decreased availability of GSE debt securities and lower bank deposit rates. Senator Eichelberger offered technical amendment # A07441. The amendment was unanimously approved. The bill was reported as amended by unanimous vote.
HB 1052, PN 1830 (Freeman)-Amends Pennsylvania Municipalities Planning Code, commonly referred to as the MPC, permitting municipalities to utilize recreational impact fees to acquire, operate or maintain a park or recreational facility anywhere within the municipality. Senator Eichelberger offered technical amendment # A06518. The amendment was unanimously approved. The bill was reported as amended by unanimous vote.
The Senate Local government Committee met on Tuesday, April 1, 2014 to consider the following:
SB 1219, PN 1676 (Erickson)-Amends the Second Class County Code as it relates to vacancies in the Office of District Attorney. The bill was reported as committed by unanimous vote.
SB 1220, PN 1677 (Erickson)-Provides for the filling of vacancies in the office of district attorney in counties of the first class. The bill was reported as committed by unanimous vote.
SB 1255, PN 1774 (Erickson)-Establishes the implementation of programs enhancing storm water best management practices. The bill was reported as committed by unanimous vote.
The Senate Local Government Committee met on Tuesday March 11, 2014 to consider the following:
HB 1719, PN 2699 (Gingrich)- Amends Titles 8 (Boroughs and Incorporated Towns) and 44 (Law and Justice) of the Pennsylvania Consolidated Statutes, consolidating The Borough Code; making revisions concerning definitions, applications, certificates, eligibility, collection of taxes, appointments and incompatible offices, council’s powers, specific powers, preparation of plans and specifications and contracts, assessments, removal of elected official and appointee, recreation board and authority, ordinances and resolutions; making an editorial change; and making a related repeal. The bill was reported as committed by unanimous vote.
HB 1796, PN 2870 (Stephens)-Amends Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for protection for victims of abuse or crime. Senator Eichelberger offered amendment # A05863, which adds language prohibiting local government from imposing leave provisions and other labor related policies to private businesses. The amendment passed on a strict party line vote of 6 to 4. The bill was reported as amended by the same 6 to 4 vote.
The Senate Local Government Committee met on Tuesday December 10, 2013 to consider the following:
SB 1185, PN 1615 (Vulakovich)-Amends the act of July 28, 1953 (P.L.723, No.230), known as the Second Class County Code, further providing for requests for examinations and reports of coroners. The bill was reported as committed on a vote of 11-0.
SB 1189, PN 1619 (Eichelberger)-Amends the act of December 20, 1967 (P.L.869, No.385), known as the Public Works Contractors’ Bond Law of 1967, further providing for duty of prime contractor to provide financial security in certain contracts involving public works and public improvements. The bill was reported as committed on a vote of 11-0.
HB 1529, PN 2039 (Harper)-Amends the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, further providing for filing and recording of ordinances. The bill was reported as committed on a vote of 11-0.
HB 1617, PN 2228 (Daley)-Amends the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, further providing for collection by legal representatives of deceased tax collectors. The bill was reported as committed on a vote of 11-0.
The Senate Local Government Committee met on Tuesday November 19, 2013 to consider the following:
SB 904, PN 1184 (Teplitz)-Amends the Act of June 25, 1919, (P.L. 581, No.274) entitled An Act for the better government of the first class cities of this Commonwealth by placing certain restrictions on the use of interest rate management agreements (more commonly known as Swaps) for cities of the first class. An amendment, #A04426 was offered by Senator Teplitz which added language to address commonwealth cities of the first class. The amendment was approved on a vote of 11-0. The bill was reported as amended on a vote of 11-0.
HB 1523, PN 2030 (Toepel)-Amends the Open Space Law (Act 442 of 1967) by authorizing additional uses of the revenue from the open space tax by a local government unit, other than a county or county authority that collects the open space tax, and further providing for a method of repeal. The bill was reported as committed on a vote of 11-0
The Senate Local Government Committee met on Tuesday October 22, 2013 to consider the following:
SB 733, PN 765 (Robbins)-This legislation gives municipalities, school districts and local authorities the option to electronically publish legal notices on a notice website instead of in a newspaper. The bill was reported as committed on a vote of 10-1.
SB 935, PN 1121 (Eichelberger)-This legislation allows the Local Government Commission to publish, maintain and update electronic copies of the municipal codes in lieu of printed versions. The bill was reported as committed on a vote of 11-0.
SB 901, PN 1181 (Eichelberger)-Amends the Local Government Unit Debt Act, Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in indebtedness and borrowing, further providing for definitions, for classification and authority to issue bonds and notes, for cost of project, for exclusion of other self-liquidating debt to determine net non-electoral debt or net lease rental debt and for preliminary authorizations as to financing. Senator Eichelberger offered Amendment # A04019 which added additional language on reviews, timelines following approval and further defining advisors and disclosures of involved parties. The amendment was approved on a vote of 11-0. The bill was reported as amended on a vote of 11-0.
SB 903, PN 1183 (Folmer)-This legislation reforms the Local Government Unit Debt Act as it pertains to the issuance of qualified interest rate management agreements, commonly known as “swaps” or “derivatives.” Senator Teplitz offered Amendment # A03974 which lessens the risk of “swap” by setting limits, further defining timelines and requiring reserves upon termination payments. The amendment was approved on a vote of 10-1. The bill was reported as amended on a vote of 10-1.
The Senate Local Government Committee met on Tuesday October 1, 2013 to consider the following:
HB 1193, PN 2087 (Saccone)-Amends the First Class Township Code to allow police officers to serve on their local school board. The bill was reported as committed on vote of 11-0.
SB 1046, PN 1304 (Mensch)-Amends the Second Class Township Code by increasing the cap on township operating reserves from 5% to 25%. The bill was reported as committed on vote of 11-0.
SB 1051, PN 1358 (Costa)-Authorizes the Allegheny County Airport Authority to invest in commercial paper. The bill was reported as committed on vote of 11-0.
SB 1081, PN 1354 (Eichelberger)-Authorizes First Class Townships to submit an electronic copy of an attested ordinance to the county law library. The bill was reported as committed on vote of 11-0.
SB 1082, PN 1355 (Eichekberger)-Authorizes Second Class Townships to submit an electronic copy of an attested ordinance to the county law library. The bill was reported as committed on vote of 1-0.
The Senate Local Government Committee met on Thursday June 27, 2013 to consider the following:
HB 163, PN 2175 (Benninghoff)-This legislation is a companion bill to SB 744 of the current session and will amend Section 1302 of the County Code to allow counties to maintain the configuration of offices in effect in the county as long as the county deems appropriate. Senator Eichelberger offered a technical amendment that was grammatical in nature to have the language mirror SB 744. The amendment was approved on a vote of 10-0. The bill was reported as amended on a vote of 10-0.
The Senate Local Government Committee met on Wednesday June 26, 2013 to consider the following:
SB 497, PN 466 (Eichelberger)-This legislation is a Re-Codification and Modernization of the Third Class City Code as prepared by the Local Government Commission. Senator Eichelberger offered an amendment (A02530) addressed electronic filing to county law libraries, bidding thresholds for purchases, power to transfer funds, maintains seniority in determining lay-offs for police and clarifies provisions pertaining to fire service scheduling. The amendment was approved on a vote of 11-0. The bill was reported as amended on a vote of 11-0.
SB 901, PN 1181 (Eichelberger)-Reforms to the Local Government Unit Debt Act would include the following:
- Establish an actual review process by DCED before debt is incurred, and reform the current final approval step into a confirmation that the conditions in that preliminary review process have been followed.
- Eliminate the ability to charge a fee for issuing a guarantee.
- Limit the ability of municipalities to provide unlimited guarantees of other entities’ debts.
- Amend the “self-liquidating” and “working capital” definitions to prohibit reimbursements for payments made under a guarantee or other non-project-related costs.
- Allow DCED to retain the filing fees under LGUDA, earmarked for enforcement of LGUDA.
- Provide for fiduciary duty of advisers and penalties for false filings.
The bill was reported as committed on a vote of 11-0.
SB 902, PN 1182 (Blake)- This legislation is a companion bill to SB 901 which proposes reforms to the Local Government Unit Debt Act (LGUDA). This bill would confer explicit jurisdiction upon the State Ethics Commission in conflicts of interest arising from LGUDA . The bill also prohibits the funding of unrelated expenses from borrowed funds. Senator Blake offered a technical amendment for grammatical purposes. The amendment was approved on a vote of 11-0. The bill was reported as amended on a vote of 11-0.
HB 668, PN 756 (Marshall)-Provides townships of the second class with the ability to purchase used equipment from another government entity without advertising and bidding. The bill was reported as committed on a vote of 11-0.
HB 669, PN 757 (Marshall)-Provides townships of the first class with the ability to purchase used equipment from another government entity without advertising and bidding. The bill was reported as committed on a vote of 11-0.
HB 1177, PN 2063 (Lucas)-This legislation adds language to provisions in law regarding a referendum on the formation of a of local government study commission to study consolidation/merger of municipalities. The language would stipulate that when a question is placed on the ballots of two or more municipalities to consolidate or merge and create a home rule charter, the vote would be determined by the total number voting within all affected municipalities. The bill was reported as committed on a vote of 11-0.
The Senate Local Government Committee met on Tuesday June 18, 2013 to consider the following:
SB 931, PN 1117 (Erickson)- This legislation removes the current provision given to town councils of incorporated towns that allows removal of an elected officer for failure to perform duties, by a county court of common pleas upon complaint by electors. The bill was reports as committed on a vote of 11-0.
HB 1223, PN 1555 (M. Daley)- This legislation removes the current provision in the First Class Township Code that allows removal of an elected township officer for failure to perform duties, by a county court of common pleas upon complaint by electors. The bill was reported as committed on a vote of 11-0.
HB 1225, PN 1832 (Ross)-This legislation provides that the Local Government Commission (LGC) may publish, maintain and update electronic copies of The Third Class City Code, The First Class Township Code, The Second Class Township Code, The County Code and The Borough Code, in addition to, or in lieu of, printed publication and distribution of the aforementioned codes, in accordance with the Local Government Commission Law. The bill was reported as committed on a vote of 11-0.
HB 1229, PN 1561 (Freeman)- This legislation removes the current provision in the Second Class Township Code that allows removal of an elected township officer for failure to perform duties, by a county court of common pleas upon complaint by electors. The bill was reported as committed on a vote of 11-0.
The Senate Local Government Committee met on Wednesday, June 5, 2013 to consider the following:
HB 326, PN 1130 (Fabrizio)-Amends the County Code by changing the governance of 3rd class county convention center authorities. The bill was reported as committed on a vote of 10-0.
HB 488, PN 1131 (Kauffman)-Amends the Second Class Township Code to remove per-capita limits on the amount of money that a board of supervisors may appropriate annually for medical centers, hospital building facilities and tourist promotion activities. The bill was reported as committed on a vote of 10-0.
HB515, PN 1452 (Stevenson)-Amends the Municipalities Planning Code (MPC). This legislation will amend the MPC requirements regarding meeting notifications involving the adoption of, or changes to, zoning ordinances, zoning maps, sub-division and land development ordinances and other similar ordinances. An amendment offered by Senator Eichelberger(# A01849), which was technical in nature, clarifying “ownership” was adopted on a vote of 10-0. The bill was reported as amended on a vote of 10-0.
HB 784, PN 1425 (Evankovich)-This legislation further defines the extension of approved state and local building permits for development and construction projects. This language will allow for the extension of state and local construction permits approved as of July 2, 2013. In addition, this language will suspend the timeframe of already approved permits. The bill was reported as committed on a vote of 10-0.
The Senate Local Government Committee met on Tuesday April 9, 2013 to consider the following bills:
SB 744, PN 744 (Alloway)- This legislation amends Section 1302 of the County Code to allow counties to maintain the configuration of offices when advancing from fifth to fourth class as long as the county deems appropriate. The bill was reported as committed on a vote of 11-0.
SB 808, PN 837 (Smucker)- This legislation allows for the abolishment of the county office of Jury Commissioner for third through eighth class counties. The bill was reported as committed on a vote of 9-2.
The Senate Local Government Committee met on Tuesday March 12, 2013 to consider the following bills:
SB 351, PN 273 (Erickson)-This bill amends the Municipal Authorities Act (of Title 53) by providing municipalities with the power to create Stormwater Management Authorities. In recent years, the EPA has increasingly regulated the effects of contamination emanating from stormwater runoff. The EPA has issued MS-4 permits to the States, which in turn, have passed down those mandates to local governmental units. While subject to the mandates, many LGUs do not have express authority to regulate stormwater. This bill is designed to provide municipalities with greater opportunity to provide for the efficient management of stormwater. The bill was reported as committed on a vote of 12-0.
SB 583, PN 557 (Eichelberger)-This bill amends the Economic Development Financing Law by increasing the amount that an authority can contract w/o having to procure the services thru competitive sealed bids from $10,000 to $18,500. The amendment makes the threshold level consistent with 53 Pa. C. S. §5614 (relating to competition in award of contract). The bill was reported as committed on a vote of 12-0.
SB591, PN565 (Vulakovich)- This bill amends three (3) provisions of the Local Government Capital Project Loan Fund Section of the Fiscal Code in four (4) ways: (1) increases the limits for equipment loan purchases from $25,000 to $50,000 for any single piece of equipment; (2) increases the loan amount for purchasing, constructing, or renovating a facility from $50,000 to $100,000; (3) explicitly limits the term of equipment loans purchases made by the department to the useful life of the equipment and (4) limits the term of facility purchase loans to 15 years. The bill was reported as committed on a vote of 12-0.