PRINTER'S NO. 1237

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1078 Session of 1983


        INTRODUCED BY PRATT, CIMINI, HALUSKA, ALDERETTE, J. L. WRIGHT,
           F. E. TAYLOR, LETTERMAN, MRKONIC, WACHOB, OLASZ, AFFLERBACH,
           CLARK, E. Z. TAYLOR, LEHR, JOHNSON AND GRUITZA, MAY 25, 1983

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 25, 1983

                                     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     raising the authorized level for exemption from the per
    23     capita tax.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  The introductory paragraph of section 2 of the
    27  act of December 31, 1965 (P.L.1257, No.511), known as The Local
    28  Tax Enabling Act, amended November 26, 1982 (P.L.763, No.217),

     1  is amended to read:
     2     Section 2.  Delegation of Taxing Powers and Restrictions
     3  Thereon.--The duly constituted authorities of the following
     4  political subdivisions, cities of the second class, cities of
     5  the second class A, cities of the third class, boroughs, towns,
     6  townships of the first class, townships of the second class,
     7  school districts of the second class, school districts of the
     8  third class, and school districts of the fourth class, in all
     9  cases including independent school districts, may, in their
    10  discretion, by ordinance or resolution, for general revenue
    11  purposes, levy, assess and collect or provide for the levying,
    12  assessment and collection of such taxes as they shall determine
    13  on persons, transactions, occupations, privileges, subjects and
    14  personal property within the limits of such political
    15  subdivisions, and upon the transfer of real property, or of any
    16  interest in real property, situate within the political
    17  subdivision levying and assessing the tax, regardless of where
    18  the instruments making the transfers are made, executed or
    19  delivered or where the actual settlements on such transfer take
    20  place. The taxing authority may provide that the transferee
    21  shall remain liable for any unpaid realty transfer taxes imposed
    22  by virtue of this act. Each local taxing authority may, by
    23  ordinance or resolution, exempt any person whose total income
    24  from all sources is less than [five thousand dollars ($5,000)]
    25  seven thousand five hundred dollars ($7,500) per annum from the
    26  per capita or similar head tax, occupation tax and occupational
    27  privilege tax, or earned income tax, or any portion thereof, and
    28  may adopt regulations for the processing of claims for
    29  exemptions. Such local authorities shall not have authority by
    30  virtue of this act:
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     1     * * *
     2     Section 2.  This act shall take effect in 60 days.



















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