PRINTER'S NO. 1344

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1200 Session of 1979


        INTRODUCED BY CIMINI, MAY 2, 1979

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 2, 1979

                                     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 exemptions from taxation.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Section 2, act of December 31, 1965 (P.L.1257,
    26  No.511), known as "The Local Tax Enabling Act," is amended by
    27  adding a clause to read:
    28     Section 2.  Delegation of Taxing Powers and Restrictions


     1  Thereon.--The duly constituted authorities of the following
     2  political subdivisions, cities of the second class, cities of
     3  the second class A, cities of the third class, boroughs, towns,
     4  townships of the first class, townships of the second class,
     5  school districts of the second class, school districts of the
     6  third class, and school districts of the fourth class, in all
     7  cases including independent school districts, may, in their
     8  discretion, by ordinance or resolution, for general revenue
     9  purposes, levy, assess and collect or provide for the levying,
    10  assessment and collection of such taxes as they shall determine
    11  on persons, transactions, occupations, privileges, subjects and
    12  personal property within the limits of such political
    13  subdivisions, and upon the transfer of real property, or of any
    14  interest in real property, situate within the political
    15  subdivision levying and assessing the tax, regardless of where
    16  the instruments making the transfers are made, executed or
    17  delivered or where the actual settlements on such transfer take
    18  place. The taxing authority may provide that the transferee
    19  shall remain liable for any unpaid realty transfer taxes imposed
    20  by virtue of this act. Each local taxing authority may, by
    21  ordinance or resolution, exempt any person whose total income
    22  from all sources is less than three thousand two hundred dollars
    23  ($3,200) per annum from the per capita or similar head tax,
    24  occupation tax and occupational privilege tax, or earned income
    25  tax, or any portion thereof, and may adopt regulations for the
    26  processing of claims for exemptions. Such local authorities
    27  shall not have authority by virtue of this act:
    28     * * *
    29     (11)  To levy, assess, or collect an occupation tax or
    30  occupational privilege tax on any retired person who does not
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     1  hold a compensated part or full-time job or position.
     2     Section 2.  This act shall take effect immediately.



















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