SENATE AMENDED
        PRIOR PRINTER'S NOS. 2935, 3138               PRINTER'S NO. 3597

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2228 Session of 1976


        INTRODUCED BY MESSRS. LEVI, FRYER, NOYE, O'KEEFE, WEIDNER,
           A. C. FOSTER JR., MEBUS, ARTHURS, PETRARCA, MORRIS, WHELAN,
           DOYLE, KLINGAMAN, GARZIA, S. E. HAYES JR., MISS SIRIANNI AND
           MR. CUMBERLAND, MARCH 22, 1976

        SENATOR MURPHY, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
           JUNE 28, 1976

                                     AN ACT

     1  Amending the act of December 31, 1965 (P.L.1257, No.511),
     2     entitled "An act empowering cities of the second class,
     3     cities of the second class A, cities of the third class,
     4     boroughs, towns, townships of the first class, townships of
     5     the second class, school districts of the second class,
     6     school districts of the third class and school districts of
     7     the fourth class including independent school districts, to
     8     levy, assess, collect or to provide for the levying,
     9     assessment and collection of certain taxes subject to maximum
    10     limitations for general revenue purposes; authorizing the
    11     establishment of bureaus and the appointment and compensation
    12     of officers, agencies and employes to assess and collect such
    13     taxes; providing for joint collection of certain taxes,
    14     prescribing certain definitions and other provisions for
    15     taxes levied and assessed upon earned income, providing for
    16     annual audits and for collection of delinquent taxes, and
    17     permitting and requiring penalties to be imposed and
    18     enforced, including penalties for disclosure of confidential
    19     information, providing an appeal from the ordinance or
    20     resolution levying such taxes to the court of quarter
    21     sessions and to the Supreme Court and Superior Court,"
    22     further providing for the distribution of earned income tax
    23     receipts.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  Division V of section 13, act of December 31,


     1  1965 (P.L.1257, No.511), known as "The Local Tax Enabling Act,"
     2  is amended by adding a paragraph to read:
     3     Section 13.  Earned Income Taxes.--* * *
     4                  V.  Powers and Duties of Officer
     5     * * *
     6     (h)  The officer shall, at least quarterly, distribute earned
     7  income taxes to the appropriate political subdivisions. The
     8  political subdivisions shall not be required to request the
     9  officer to distribute the funds collected but shall at least
    10  annually reconcile their receipts with the records of the
    11  officer and return to or credit the officer with any
    12  overpayment. If the officer, within one year after receiving a
    13  tax payment, cannot identify the taxing jurisdiction entitled to
    14  a tax payment, he shall divide the MAKE payment on the basis of   <--
    15  population according to the latest Federal census to those
    16  political subdivisions which levy an earned income tax under the  <--
    17  authority of this act and which are under the jurisdiction of
    18  the designated tax officer. TO THE MUNICIPALITY IN WHICH THE TAX  <--
    19  WAS COLLECTED. Within one hundred twenty days of the passage of
    20  this act, any present accumulated funds that are unclaimed shall
    21  be distributed on the same basis.
    22     * * *
    23     Section 2.  This act shall take effect immediately.





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