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Divernan Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-11 03:17 PM
Original message
Corbett Vetoes Reassessment Moratorium for Washington County
Edited on Fri Jul-08-11 03:39 PM by Divernan
Bottom line: AG's office agreed with Dan Onorato & Jim Burn that the state legislators violated the PA State Constitution's uniformity clause because it singled out one county. You recall that the legislation originally included Allegheny County as well, but was amended to only apply to Washington County. All the thousands of local govt. units in the state are divided into different "classes" by population (with exception of home rule counties). Unless it's changed recently, state legislation can apply to one or more of those classes, but must include all members of the class. Allegheny County (Second Class) and Philadelphia County (First Class) are each in a class by themselves; Washington County isn't.

The wording of the PG report is confusing. If the legislation referred only to counties of the Fourth Class, it did NOT apply only to Washington County. Then the report says it only applied to Washington county. There's an inherent contradiction in the report. Maybe Corbett will release some more specific explanation. Back to the drafting boards for the sponsor of that bill.

To see what class your county is, go to the website for the County Commissioners Association of Pennsylvania
http://www.pacounties.org/PAsCounties/Pages/default.aspx

Washington is in the group of Fourth Class Counties:
Fourth Class (7)
Population of 145,000 to 209,999
Beaver County
Butler County
Cambria County
Cumberland County
Fayette County
Schuylkill County
Washington County


Corbett vetoes reassessment moratorium for Washington County
Friday, July 08, 2011
Pittsburgh Post-Gazette

HARRISBURG -- Gov. Tom Corbett today vetoed a measure that would have imposed a temporary moratorium on court-ordered countywide reassessments in Washington County.

The governor's office said the governor took the action after consulting with the state Attorney General's office and determined that the legislation, as enacted, would violate Pennsylvania's Constitution.

"By limiting a property tax moratorium to counties of the fourth class, with a population between 185,000 and 210,000 as of the 2010 United States Census, the bill has restricted its application to one county -- Washington County."

"After consulting with legal counsel, including the Office of Attorney General, there is no question in my mind that the bill, as worded, would violate the State Constitution," Mr. Corbett wrote.



First published on July 8, 2011 at 2:39 pm

Read more: http://www.post-gazette.com/pg/11189/1159084-100.stm#ixzz1RXvYUg7p
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wisteria Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-08-11 08:34 PM
Response to Original message
1. Does the counties stated class determine funding from the state?
I really do not understand how this works.
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Divernan Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-11 08:16 AM
Response to Reply #1
2. Very few people understand the complexities of local govt. in PA
Edited on Sat Jul-09-11 08:20 AM by Divernan
Add that to the complexities of the annual state budget, and you understand why legislators don't even read the budget, but rely on expert caucus staff to answer any specific questions they may have, and rely on the caucus leadership to tell them how to vote on it.

Rationally, given the different mandates from state to local govt. units, including counties, (funded mandates as opposed to unfunded mandates) I would answer your question by saying that a county's class should determine SOME of the funding from the state. But I can't give you a specific formula, if such exists. Your question would be a good one to pose to your state senator or representative. They would forward it to the (excellent) staff at the Local Govt. Commission, which might already have a publication detailing, county by county, or county class by county class, if there are some guidelines in the state codes. Again that could be altered year to year by the state budget.

AN ADMITTEDLY DRY AND BORING OVERVIEW OF LOCAL GOVERNMENT

Local govt. in PA is a complex mosaic of 5,149 units which overlap geographically. It would take at least a 3 credit college course to explain the complexities and interrelationships. Each unit is distinct & independent of other local units, although they may overlap geographically and may act together to "serve the public."

When I was working with the Local Government Committee in the state House, we had to constantly refer to a whole stack of different publications from the bipartisan Local Government Commission, depending on which class county/counties, which class city, which class school district, etc. we were dealing with. Then there were the municipalities and "authorities". Bills would be specifically tailored a single entity, such as "Counties of the Fourth Class", for example. I never heard much of a rational explanation for why the system was so fragmented, but knowing Pennsylvania politics, it will not be changed in our lifetimes - just like the size of the legislature! The numbers I quote are from 2003, which is when I retired. Hopefully, there have been some mergers of school districts and smaller govt. units since then, because such mergers would save the taxpayers a lot of money.

PA has 67 counties, 1 first class city (Phillie), 1 2nd class city (Pgh), 1 2nd class A city (Scranton), and 53 3rd class cities. Then there are 96l boroughs, 1 incorporated township, 91 1st class townships, 1457 2nd class townships, 501 school districts and 2,015 authorities. Depending on population, a school district can be in one of 5 classes: 1st class, 1st class A, 2nd class, 3rd class & 4th class.

The term "municipality" can refer to a county, city, borough, incorporated town or township or a municipal corporation. Some municipal corporations cross county lines. Local authorities are govt. entities created to finance and/or operate specific public works projects without tapping general taxing powers of the municipalities. In other words, they are not creatures, agents or representatives of the municipalities that organize them, but are independent agencies of the Commonwealth. They are separate legal entities and derive their powers from different statutes. The variety of local authorities encompasses airport, business district, community facility,economic development, local govt. facility, nonprofit institution, parking, recreation, school, sewer, solid waste, transit or water.

Feeling confused or overwhelmed yet? Bored to tears? Here's a summary.
1. Political subdivisions encompass municipalities and school districts.
2. Municipalities encompass municipal corporations and counties.
3. Municipal corporations encompass cities, boroughs, towns and townships.
4. Local authorities encompass municipal authorities and other bodies corporate and politic created
by one or more political subdivisions pursuant to law.

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wisteria Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Jul-09-11 04:32 PM
Response to Reply #2
3. Thank you so much for this run down.
It is confusing and is probably why I don't pay more attention to state government.
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