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PRINTER'S NO. 1346
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
14
Session of
2017
INTRODUCED BY COSTA, VULAKOVICH AND FONTANA, NOVEMBER 29, 2017
REFERRED TO LOCAL GOVERNMENT, NOVEMBER 29, 2017
AN ACT
Amending the act of July 8, 1919 (P.L.784, No.322), entitled "An
act empowering cities of the second and third classes,
boroughs, and counties, to acquire, maintain, and operate
playgrounds, playfields, gymnasiums, public baths, swimming
pools, and indoor recreation centers; authorizing school
districts to join in the maintenance and operation of said
activities; and authorizing the issue of bonds and the levy
of taxes for such purposes," providing for development of
public parks in cities of the second class.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 8, 1919 (P.L.784, No.322),
entitled "Empowering cities of the second and third classes,
boroughs, and counties, to acquire, maintain, and operate
playgrounds, playfields, gymnasiums, public baths, swimming
pools, and indoor recreation centers; authorizing school
districts to join in the maintenance and operation of said
activities; and authorizing the issue of bonds and the levy of
taxes for such purposes," is amended by adding a section to
read:
Section 8. (a) The qualified voters of a city of the second
class shall determine by a ballot question whether to establish
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an annual special public park tax on all taxable property of the
municipality under the following procedures:
(1) Subject to paragraph (2), the municipal officers of
a city of the second class may submit to the qualified voters
the question of the public park tax at any time.
(2) If petitioned for by 3% of
the number of
individuals who voted in the last preceding general or
municipal election, the municipal officers of a city of the
second class shall submit to the qualified voters the
question of the public park tax.
(3) The question shall be placed on the ballot at the
time of the next general, municipal or primary election that
occurs not less than 60 days from:
(i) the date of the decision of the municipal
officers to submit the question of the public park tax;
or
(ii) the date of submission of the petition under
paragraph (2)
.
(4) If the majority of votes cast approves of the public
park tax, at the first meeting following the official
announcement of the results of the election the municipal
officers shall:
(i) Take the necessary steps to levy and collect the
tax.
(ii) Appoint the board of directors of a tax-exempt
nonprofit organization under section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. ยง 501(c)(3)) whose purpose is to restore public
parks in partnership with government and the community to
have exclusive control of the public park tax revenue,
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provided that the municipal officers may name
representatives to the board of directors, including the
mayor and a member of city council, and provided that all
revenue is used in accordance with subsection (d).
(b) The following shall apply:
(1)
Subject to paragraph (2), the public park tax
established under this section shall be an annual tax which
shall remain in effect until another vote is taken to change
it.
(2)
Municipal officers of a city of the second class
which approves the public park tax may increase the rate
without submitting the question to the voters.
(c) The public park tax shall be levied and collected in the
same manner as other taxes in the city of the second class and
shall be in addition to all other taxes, unless the city of the
second class incorporates the public park tax in the general
levy.
(d) The public park tax may not be used for any purpose
other than the establishment, restoration, improvement and
maintenance of aid to and programming in a public park.
Section 2. This act shall take effect immediately.
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