PRIOR PRINTER'S NOS. 3404, 3766               PRINTER'S NO. 3915

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2599 Session of 1992


        INTRODUCED BY DeLUCA, KASUNIC, McNALLY, GIGLIOTTI, COLAFELLA,
           TRELLO, CORNELL AND PETRONE, APRIL 6, 1992

        AS RE-REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, JUNE 30, 1992

                                     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     further providing for collection of taxes.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  Section 10 of the act of December 31, 1965
    26  (P.L.1257, No.511), known as The Local Tax Enabling Act, is
    27  amended by adding a subsection to read:


     1     Section 10.  Collection of Taxes.--* * *
     2     (c)  Notwithstanding the provisions of subsection (b), if a    <--
     3  municipality has adopted a home rule charter under the act of
     4  April 13, 1972 (P.L.184, No.62), known as the "Home Rule Charter
     5  and Optional Plans Law," and the board of school directors for
     6  the school district in which the municipality is located has
     7  appointed a collector or collectors of taxes levied under this
     8  act, the municipality shall utilize the school district's tax
     9  collector or collectors as the collector or collectors of taxes
    10  levied under this act within the municipality.
    11     (C)  NOTWITHSTANDING THE PROVISIONS OF SUBSECTION (B), IF A    <--
    12  MUNICIPALITY HAVING A POPULATION OF FIFTY THOUSAND OR MORE
    13  LOCATED IN A SECOND CLASS COUNTY HAS ADOPTED A HOME RULE CHARTER
    14  UNDER THE ACT OF APRIL 13, 1972 (P.L.184, NO.62), KNOWN AS THE
    15  "HOME RULE CHARTER AND OPTIONAL PLANS LAW," THE GOVERNING BODY
    16  OF THE MUNICIPALITY AND BOARD OF SCHOOL DIRECTORS FOR THE SCHOOL
    17  DISTRICT IN WHICH THE MUNICIPALITY IS LOCATED SHALL ANNUALLY
    18  AGREE ON AND JOINTLY APPOINT A COLLECTOR OR COLLECTORS OF TAXES
    19  FOR TAXES LEVIED UNDER THIS ACT. IN THE EVENT THE GOVERNING BODY
    20  OF THE MUNICIPALITY AND THE BOARD OF SCHOOL DIRECTORS FOR THE
    21  SCHOOL DISTRICT IN WHICH THE MUNICIPALITY IS LOCATED CANNOT
    22  AGREE ON THE APPOINTMENT OF A COLLECTOR OR COLLECTORS OF TAXES
    23  LEVIED UNDER THIS ACT WITHIN NINETY DAYS OF THE COMMENCEMENT OF
    24  EACH ENSUING MUNICIPAL FISCAL YEAR, THEN THE GOVERNING BODY OF
    25  THE MUNICIPALITY SHALL UTILIZE THE SCHOOL DISTRICT'S TAX
    26  COLLECTOR OR COLLECTORS AS THE COLLECTOR OF MUNICIPAL TAXES
    27  LEVIED UNDER THIS ACT.
    28     Section 2.  The amendment of section 10 of the act shall be
    29  implemented no later than July 1 of the first year following the
    30  effective date of this act.
    19920H2599B3915                  - 2 -

     1     Section 3.  This act shall take effect immediately.




















    C31L53MRD/19920H2599B3915        - 3 -