PRINTER'S NO. 1351

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1145 Session of 1977


        INTRODUCED BY PITTS, A. K. HUTCHINSON, PETRARCA, ZELLER, VROON,
           SIRIANNI, DeVERTER, LEHR AND MANMILLER, MAY 24, 1977

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 24, 1977

                                     AN ACT

     1  Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An
     2     act concerning townships of the second class; and amending,
     3     revising, consolidating, and changing the law relating
     4     thereto," further providing for levy for fire protection.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Clause 4 of subsection A of section 905, act of
     8  May 1, 1933 (P.L.103, No.69), known as "The Second Class
     9  Township Code," reenacted and amended July 10, 1947 (P.L.1481,
    10  No.567), and amended July 16, 1975 (P.L.69, No.40), is amended
    11  to read:
    12     Section 905.  Township and Special Tax Levies.--A. The board
    13  of township supervisors may, by resolution, levy taxes upon all
    14  real property and upon all occupations, or upon real property
    15  alone, within the township made taxable for township purposes,
    16  as ascertained by the last adjusted valuation for county
    17  purposes, for the purposes and at the rates hereinafter
    18  specified. All taxes shall be collected in cash.
    19     * * *

     1     4.  (i) An annual tax, not exceeding three mills, pursuant to
     2  provision therefor in the township budget, for the purpose of
     3  purchasing and maintaining fire apparatus, for the purpose of
     4  making appropriations to fire companies both within and without
     5  the township and of contracting with adjacent municipalities or
     6  volunteer fire companies therein for fire protection, for the
     7  purchase and maintenance of fire apparatus, and for the purposes
     8  of providing a suitable place for the housing of fire apparatus.
     9  If an annual tax for the purposes specified in this clause is
    10  proposed to be set at a level higher than three mills, the
    11  question shall be submitted to the voters of the township, and
    12  the county board of elections shall frame the question in
    13  accordance with the election laws of the Commonwealth for
    14  submission to the voters of the township.
    15     (ii)  A levy of one mill shall be levied annually unless
    16  taxes are levied on other than a millage basis. The proceeds of
    17  every one mill levy or of one mill of every levy shall be
    18  divided among the volunteer fire companies of the township in
    19  such proportion as the assessed valuation of the area served by
    20  each company bears to the entire assessed valuation of the
    21  township, State and county realty to be excluded in both cases.
    22  Where independent volunteer rescue companies service the
    23  township, an additional two-tenths mill shall be levied, the
    24  proceeds to be paid to the independent volunteer rescue
    25  companies in the same proportions and manner as hereinbefore
    26  provided for payments to volunteer fire companies. The proceeds
    27  of the mandatory one mill or one and two-tenths mills may be
    28  used by the volunteer fire or rescue companies for purchase,
    29  renewal or repair of fire or rescue vehicles, protective
    30  accessory or communications equipment and apparatus used in fire
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     1  or rescue service or for the purchase of land upon which to
     2  erect a fire or rescue service house, or for the erection and
     3  maintenance of a fire or rescue service house, or for training
     4  or for insurance premiums. Such funds shall be annually audited
     5  by the township.
     6     Where township taxes are levied on other than a millage
     7  basis, the amounts of taxes collected which shall be annually
     8  allocated for fire protection under this subclause, in lieu of
     9  the one mill or one and two-tenths mills levies, shall be seven
    10  and one-tenth per centum or eight and six tenths per centum
    11  respectively of the amount of township taxes allocated for road,
    12  bridge and general township purposes.
    13     * * *
    14     Section 2.  This act shall take effect in 60 days.











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