Pennsylvania Act 2024-136 — CITIES (11 PA.C.S.) - CITY CLASSIFICATION, REPEAL AND EDITORIAL CHANGES

Act text

Session of 2024

No. 2024-136

SB 867

AN ACT

Amending Title 11 (Cities) of the Pennsylvania Consolidated Statutes, providing for city classification; making a repeal; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Part I heading of Title 11 of the Pennsylvania Consolidated Statutes is amended to read:

PART I. PRELIMINARY PROVISIONS

[(Reserved)]

Section 2. Part I of Title 11 is amended by adding chapters to read:

CHAPTER 1

(Reserved)

CHAPTER 2

CITY CLASSIFICATION

Sec.

201. City classification.

202. Ascertainment, certification and effect of change of classification.

§ 201. City classification.

For the purposes of legislation and the regulation of a city's affairs, current cities of this Commonwealth as well as future cities shall be divided into four classes as follows:

(1) Cities of the first class, having a population of at least 1,000,000 inhabitants.

(2) Cities of the second class, having a population of at least 250,000 inhabitants but less than 1,000,000 inhabitants.

(3) Cities of the second class A, having a population of at least 80,000 inhabitants but less than 250,000 inhabitants on the date that the city adopts or amends a home rule charter designating it as a city of the second class A.

(4) Cities of the third class, having a population of less than 250,000 inhabitants other than cities of the second class A.

§ 202. Ascertainment, certification and effect of change of classification.

(a) Ascertainment.--The classification of cities shall be ascertained and fixed according to population by reference to the Federal decennial census under this section.

(b) Certification.--

(1) The Governor shall certify the following to the governing body of a city on or before October 1 of the year succeeding the year in which the last preceding Federal decennial census was taken:

(i) a Federal decennial census shows that a city has attained a population entitling the city to an advance in classification; or

(ii) the last two preceding Federal decennial censuses show that a city has decreased in population so as to recede in classification, as provided under this section.

(2) The secretary of the city's governing body shall forward the certificate, electronically or otherwise, under paragraph (1) to the recorder of deeds. The certificate shall be recorded in the recorder of deeds' office. A failure to record the certificate under this paragraph shall not be deemed a defect in procedure or affect any change in classification as provided in this chapter.

(c) Intent.--It is recognized that a change in the classification of local government is attended by certain expense and hardship and the change should not be occasioned by a temporary fluctuation in population. It is the intent of this section that the classification of a city may not be changed because its population has decreased at the time of one Federal decennial census, but rather only after the change is demonstrated by two Federal decennial censuses that the population of a city has remained below the minimum figure of the city's current classification class for at least a decade.

(d) Home rule or optional charter cities.--A city that has adopted a home rule charter or optional charter may not advance or recede in classification because of a change in population unless the electors of the city adopt a revision to the existing charter designating the change in classification.

(e) Change of classification.--

(1) A change of classification ascertained and certified shall take effect on January 1 following the next municipal election occurring not less than 180 days after the change was certified by the Governor.

(2) In the municipal election immediately preceding the effective date of the change under paragraph (1), the proper number of individuals shall be elected to fill an elective office which will exist in the city by the change of classification certified. An election may not be held for an office which will be abolished as a result of a change of classification.

Section 3. Repeals are as follows:

(1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the addition of 11 Pa.C.S. Ch. 2.

(2) The act of June 25, 1895 (P.L.275, No.188), referred to as the City Classification Law, is repealed.

Section 4. Except as otherwise provided in 11 Pa.C.S. Ch. 2, all activities initiated under the act of June 25, 1895 (P.L.275, No.188), referred to as the City Classification Law, shall continue and remain in full force and effect and may be completed under 11 Pa.C.S. Ch. 2. Orders, regulations, rules and decisions which were made under the City Classification Law and which are in effect on the effective date of section 3(2) of this act shall remain in full force and effect until revoked, vacated or modified under 11 Pa.C.S. Ch. 2. Contracts, obligations and collective bargaining agreements entered into under the City Classification Law are not affected nor impaired by the repeal of the City Classification Law.

Section 5. All classifications under the act of June 25, 1895 (P.L.275, No.188), referred to as the City Classification Law, designated prior to the effective date of section 3(2) of this act shall remain in effect until a certification is made by the Governor according to the provisions of 11 Pa.C.S. Ch. 2.

Section 6. This act shall take effect in 60 days.

APPROVED--The 31st day of October, A.D. 2024.

JOSH SHAPIRO