PRINTER'S NO. 56
No. 47 Session of 1983
INTRODUCED BY WILSON, GEIST, HOEFFEL, DALEY, WOZNIAK AND
AFFLERBACH, JANUARY 26, 1983
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 26, 1983
AN ACT
1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled
2 "An act relating to counties of the third, fourth, fifth,
3 sixth, seventh and eighth classes; amending, revising,
4 consolidating and changing the laws relating thereto,"
5 allowing counties to charge reasonable fees for municipal
6 services provided for tax exempt real property and for a
7 referendum thereon.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. The act of August 9, 1955 (P.L.323, No.130),
11 known as The County Code, is amended by adding a section to
12 read:
13 Section 1773. Service Charges.--(a) The county may levy and
14 collect a service charge for municipal services, to the extent
15 that the county provides municipal services, from the owners of
16 organizational and institutional real property which is
17 otherwise exempt from taxation as provided by law. This charge
18 shall be calculated according to the actual cost of providing
19 the services to that real property and to the persons who use
20 that property.
1 (b) Municipal services for which a service charge may be
2 made are as follows:
3 (1) Fire protection.
4 (2) Police protection.
5 (3) Road maintenance and construction, traffic control, snow
6 and ice removal, sidewalks and streetlights.
7 (4) Sanitation services.
8 (c) (1) The county commissioners may by resolution elect to
9 hold a referendum on whether any or all of the service charges
10 listed in subsection (b) may be levied on tax exempt real
11 property within the county. The referendum shall be held at the
12 next succeeding municipal or general election for which the
13 advertising requirements can be met. The referendum shall be
14 conducted in accordance with the act of June 3, 1937 (P.L.1333,
15 No.320), known as the "Pennsylvania Election Code."
16 (2) The question shall be as follows:
17 Shall (name) County levy and collect a service charge on
18 tax exempt real property for the following municipal
19 services: (enumerate)?
20 (d) Upon certification by the Secretary of the Commonwealth
21 that a majority of the electors have approved the question on
22 the referendum, the county commissioners shall adopt an
23 ordinance which will carry out this section to the extent of the
24 referendum approval, subject to the following:
25 (1) The institution or organization owning the tax exempt
26 real property must receive the services for which it is charged.
27 (2) The service charge must reasonably reflect the value of
28 that service.
29 (e) Any ordinance adopted under subsection (d) shall be
30 effective at the beginning of the next following fiscal year.
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1 (f) Service charges under this section shall be collected in
2 the manner as taxes are collected under this act, and the county
3 may use those remedies for the collection of delinquent service
4 charges as are provided by law for the collection of delinquent
5 taxes.
6 Section 2. This act shall take effect immediately.
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