PRINTER'S NO. 1189
No. 1033 Session of 2005
INTRODUCED BY MELIO, GRUCELA, TIGUE, CORRIGAN, CALTAGIRONE,
HENNESSEY, SHANER, JAMES, SOLOBAY, YOUNGBLOOD AND O'NEILL,
MARCH 21, 2005
REFERRED TO COMMITTEE ON FINANCE, MARCH 21, 2005
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for tax levies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Clause two of subsection (a) of section 1709 of
8 the act of June 24, 1931 (P.L.1206, No.331), known as The First
9 Class Township Code, reenacted and amended May 27, 1949
10 (P.L.1955, No.569) and amended November 23, 2004 (P.L.912,
11 No.123), is amended to read:
12 Section 1709. Tax Levies.--(a) The board of township
13 commissioners may levy taxes upon all property and upon all
14 occupations within the township made taxable for township
15 purposes, as ascertained by the valuation for county purposes
16 made by the assessors of the several counties of this
17 Commonwealth for the year for which the township taxes are
18 levied, for the purposes and at the rate hereinafter specified:
1 Provided, however, That such valuation shall be subject to
2 correction by the county commissioners of the several counties,
3 and to appeal by the taxable persons in accordance with existing
4 laws.
5 * * *
6 Two. (i) An annual tax not exceeding three mills for the
7 purpose of:
8 (A) building and maintaining suitable places for the housing
9 of fire apparatus;
10 (B) purchasing, maintaining and operating fire apparatus;
11 (C) making of appropriations to fire companies within or
12 without the township;
13 (D) contracting with adjacent municipalities or volunteer
14 fire companies therein for fire protection;
15 (E) the training of fire personnel and payments to fire
16 training schools and centers;
17 (F) the purchase of land upon which to erect a fire house;
18 and
19 (G) the erection and maintenance of a fire house or fire
20 training school and center.
21 (ii) The township may appropriate up to one-half, but not to
22 exceed one mill, of the revenue generated from a tax under this
23 clause for the purpose of paying salaries, benefits or other
24 compensation of fire suppression employes of the township or a
25 fire company serving the township.
26 (iii) If an annual tax for the purposes specified in this
27 clause is proposed to be set at a level higher than three mills
28 the question shall be submitted to the voters of the township,
29 and the county board of elections shall frame the question in
30 accordance with the election laws of the Commonwealth for
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1 submission to the voters of the township and the provisions of
2 subclause (ii) shall be followed.
3 (iv) The question of setting the tax authorized by this
4 clause at a level higher than three mills, including the
5 question of increasing the rate of the tax above the rate
6 previously approved by the voters of the township, shall be
7 submitted to the voters of the township either by ordinance of
8 the board of township commissioners or upon petition of the
9 electors as provided in this subclause. The electors of the
10 township may circulate a petition, which if signed by electors
11 comprising five per centum of the number of electors voting for
12 the office of Governor in the last gubernatorial election in the
13 township and filed with election officials at least ninety days
14 prior to the next general or municipal election, shall compel
15 the election officials to place the question on the ballot at
16 the next general or municipal election occurring at least ninety
17 days after the filing of the petition. The following
18 requirements shall apply to the petition and referendum process
19 under this subclause:
20 (A) The name and street address of each elector signing the
21 petition and of the person filing the petition shall be clearly
22 stated on the petition. The petition shall include an affidavit
23 of the circulator that:
24 (I) The signers are qualified electors of the township
25 referred to in the petition.
26 (II) The signers signed with full knowledge of the contents
27 of the petition.
28 (III) The signers' residences are correctly stated.
29 (IV) The signers are qualified electors, to the best of the
30 circulator's knowledge and belief.
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1 (B) The election officials shall, within ten days after
2 filing, review the petition as to the number and qualifications
3 of signers. If the petition appears to be defective, the
4 election officials shall immediately notify the person filing
5 the petition of the defect and may reject the petition if
6 warranted.
7 (C) The petition as submitted to the election officials
8 along with the list of signatories shall be open to public
9 inspection in the office of the election officials.
10 (D) If the election officials find that the petition as
11 submitted is in proper order, they shall send copies of the
12 petition without signatures to the board of township
13 commissioners.
14 (E) The procedure for the referendum shall be governed by
15 the act of June 3, 1937 (P.L.1333, No.320), known as the
16 "Pennsylvania Election Code."
17 (F) If the election officials find the petition meets the
18 requirements of this section, they shall place the proposal on
19 the ballot in a manner fairly representing the content of the
20 petition for decision by referendum at the proper election.
21 (G) The election officials shall certify the date for the
22 referendum and shall notify the board of township commissioners
23 at least thirty days prior to such date.
24 (H) At least thirty days' notice of the referendum shall be
25 given by proclamation, posted at each polling place on the day
26 of the election and published once in at least one newspaper of
27 general circulation which is distributed within the township
28 during the thirty-day period prior to the election.
29 (I) Approval of a referendum shall be by majority vote of
30 those voting in the township involved.
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1 (J) The election officials shall certify the results of the
2 referendum to the board of township commissioners.
3 * * *
4 Section 2. The amendment of clause two of subsection (a) of
5 section 1709 of the act shall apply to any question submitted to
6 the voters pursuant to clause two of subsection (a) of section
7 1709 on or after the effective date of his section.
8 Section 3. This act shall take effect in 60 days.
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