H1600B2811A05307       VDL:JSL 01/14/08    #90             A05307
                       AMENDMENTS TO HOUSE BILL NO. 1600
                                    Sponsor:  REPRESENTATIVE METCALFE
                                           Printer's No. 2811

     1       Amend Title, page 1, line 1, by striking out "and"
     2       Amend Title, page 1, line 2, by removing the period after
     3    "Fund" and inserting
     4               ; and making a related repeal.
     5       Amend Bill, page 4, by inserting between lines 28 and 29
     6                               CHAPTER 6
     7                     PUBLIC REFERENDUM REQUIREMENTS
     8                      FOR INCREASING CERTAIN TAXES
     9    Section 601.  Applicability.
    10       This chapter shall apply to each board of school directors
    11    beginning with any proposed tax increase that takes effect in
    12    the 2008-2009 fiscal year and each fiscal year thereafter.
    13    Section 602.  Prohibitions.
    14       Except as provided under section 604, no school district may
    15    implement or increase a tax levied for the support of public
    16    schools without first obtaining the approval of the electorate
    17    of the affected school district in a referendum at the primary
    18    election immediately preceding the fiscal year of the proposed
    19    tax or tax increase.
    20    Section 603.  Disapproval.
    21       Whenever the electorate fails to approve the proposed
    22    referendum question to implement a tax or increase the rate of a
    23    tax levied for the support of public schools, the school
    24    district shall be limited to the taxes and rates in effect prior
    25    to the referendum.
    26    Section 604.  Referendum exception.
    27       The following shall apply:
    28           (1)  No referendum shall be required under section 602
    29       if:
    30               (i)  there is an immediate threat of serious physical
    31           harm or injury to the students, staff or residents of the
    32           school district; and
    33               (ii)  the court of common pleas in the judicial
    34           district in which the school district is located approves
    35           the referendum exception.
    36           (2)  The court shall determine the appropriate duration
    37       of the tax imposition or increase and may retain continuing
    38       jurisdiction. The court may, on its own motion or on petition
    39       of an interested party, revoke approval for or order

     1       rescission of a tax increase imposed under this section.
     2    Section 605.  Standing.
     3       A person shall have standing as a party to a proceeding under
     4    this chapter as long as the person resides within or pays earned
     5    income taxes to the taxing jurisdiction of the school district
     6    instituting the action.

     7       Amend Bill, page 10, by inserting between lines 4 and 5
     8    Section 5201.  Repeal.
     9       (a)  Intent.--The General Assembly declares that the repeal
    10    under subsection (b) is necessary to effectuate the addition of
    11    Chapter 6.
    12       (b)  Repeal.--Section 333 of the act of June 27, 2006 (1st
    13    Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, is
    14    repealed.

    15       Amend Sec. 5201, page 10, line 5, by striking out "5201" and
    16    inserting
    17               5202













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