HARRISBURG - Modernization and not fiscal relief is the goal of a massive rewrite of state law governing Pennsylvania's third-class cities.
Legislation moving through the Senate would overhaul the third class city code for the first time since 1951, a time when these medium-sized cities were engines of Pennsylvania's economy. The 500-page measure addresses a variety of topics, including a millage-neutral shift in taxing authority, an option to expand the size of city councils from five to seven members and lowering the age at which someone can sit on council or serve as mayor from 21 to 18. If enacted, this bill will bring minor efficiencies for cities, but efforts to help the third-class cities under Act 47 fiscally distressed status will be dealt with in other legislation, said the bill's sponsor, Sen. John Eichelberger, R-30, Hollidaysburg.
The bill is in the Senate Appropriations Committee having cleared the Local Government Committee which Eichelberger chairs in June before the summer recess. A comprehensive rewrite of the borough code for the first time in 45 years was enacted in May.
The provisions would apply to most third-class cities, with some exceptions related to taxation limits for cities with home rule, such as Wilkes-Barre and Carbondale. Scranton is the state's only 2nd Class A city and not affected by the legislation, while Pittston, Hazleton, Pottsville, Nanticoke, Shamokin and Sunbury are other third-class cities in Northeast Pennsylvania.
A key change would increase the maximum limit for the general tax levy from 25 to 30 mills and authorize a new 5-mill tax for street lighting. This would be offset by the repeal of a special tax of up to 10 mills to support a city bureau to aid "impoverished residents."
Boroughs and first-class townships have a 30-mill general tax limit, while the 25-mill limit for third-class cities has existed since 1967, according to the Local Government Commission, a legislative research agency. Boroughs and second-class townships can levy a street lighting tax and one of the cities levy the welfare bureau tax.
Many of the changes are designed to get rid of archaic language, note technology changes such as speaker phones and put the code in sync with court decisions and other recent laws, Senate aides said.
Other changes would:
- Allow voter referendums to increase the size of city council from five to seven members or return to five.
- Give courts power to fill multiple vacancies on council.
- Transfer the city controller's responsibility for auditing and financial reports to an appointed independent auditor. The controller would examine city accounts and countersign documents authorizing payment of monies from the city treasury.
- Allow a mayor to appoint a police chief from outside the current police department if no qualified officer from within the ranks has applied for the job.
Members of four House and Senate committees are developing separate legislation to provide fiscal relief to cities, Eichelberger said.