PRINTER'S NO. 23

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 23 Session of 1979


        INTRODUCED BY HOEFFEL, M. H. GEORGE, LASHINGER AND E. Z. TAYLOR,
           JANUARY 23, 1979

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 23, 1979

                                     AN ACT

     1  Amending the act of August 5, 1932 (Sp. Sess., P.L.45, No.45),
     2     entitled, as amended "An act empowering cities of the first
     3     class to levy, assess and collect, or to provide for the
     4     levying, assessment and collection of, certain additional
     5     taxes for general revenue purposes; authorizing the
     6     establishment of bureaus, and the appointment and
     7     compensation of officers and employes to assess and collect
     8     such taxes; and permitting penalties to be imposed and
     9     enforced," limiting the rate of taxes on nonresidents.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Subsection (a) of section 1, act of August 5,
    13  1932 (Sp. Sess., P.L.45, No.45), entitled, as amended "An act
    14  empowering cities of the first class to levy, assess and
    15  collect, or to provide for the levying, assessment and
    16  collection of, certain additional taxes for general revenue
    17  purposes; authorizing the establishment of bureaus, and the
    18  appointment and compensation of officers and employes to assess
    19  and collect such taxes; and permitting penalties to be imposed
    20  and enforced," amended July 26, 1961 (P.L.904, No.388), is
    21  amended to read:


     1     Section 1.  (a)  Be it enacted, &c., That from and after the
     2  effective date of this act, the council of any city of the first
     3  class shall have the authority by ordinance, for general revenue
     4  purposes, to levy, assess and collect, or provide for the
     5  levying, assessment and collection of, such taxes on persons,
     6  transactions, occupations, privileges, subjects and personal
     7  property, within the limits of such city of the first class, as
     8  it shall determine, except that such council shall not have
     9  authority to levy, assess and collect, or provide for the
    10  levying, assessment and collection of, any tax on a privilege,
    11  transaction, subject or occupation, or on personal property,
    12  which is now or may hereafter become subject to a State tax or
    13  license fee and except that the rate of tax on the income of
    14  nonresidents shall not exceed fifty percent of the rate of tax
    15  on the income of residents. If, subsequent to the passage of any
    16  ordinance under the authority of this act, the General Assembly
    17  shall impose a tax or license fee on any privilege, transaction,
    18  subject or occupation, or on personal property, taxed by any
    19  city of the first class hereunder, the act of Assembly imposing
    20  the State tax thereon shall automatically vacate the city
    21  ordinance passed under the authority of this act as to all taxes
    22  accruing subsequent to the effective date of the act imposing
    23  the State tax or license fee. It is the intention of this
    24  section to confer upon cities of the first class the power to
    25  levy, assess and collect taxes upon any and all subjects of
    26  taxation which the Commonwealth has power to tax but which it
    27  does not now tax or license, subject only to the foregoing
    28  provisions that any tax upon a subject which the Commonwealth
    29  may hereafter tax or license shall automatically terminate upon
    30  the effective date of the State act imposing the new tax or
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     1  license fee.
     2     * * *
     3     Section 2.  This act shall take effect in 60 days and apply
     4  rates imposed for the tax year 1979 and thereafter.


















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