PRIOR PRINTER'S NO. 270                       PRINTER'S NO. 1175

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 243 Session of 1993


        INTRODUCED BY DeLUCA, MELIO, TANGRETTI, DERMODY, FAJT, KASUNIC,
           LEVDANSKY AND JAMES, FEBRUARY 8, 1993

        AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
           REPRESENTATIVES, AS AMENDED, MARCH 30, 1993

                                     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 having a population of fifty thousand or more
     4  located in a second class county has adopted a home rule charter
     5  under the act of April 13, 1972 (P.L.184, No.62), known as the
     6  "Home Rule Charter and Optional Plans Law," the governing body
     7  of the municipality and board of school directors for the school
     8  district in which the municipality is located shall annually
     9  agree on and jointly appoint a collector or collectors of taxes
    10  for taxes levied under this act. In the event the governing body
    11  of the municipality and the board of school directors for the
    12  school district in which the municipality is located cannot
    13  agree on the appointment of a collector or collectors of taxes
    14  levied under this act within ninety days of the commencement of
    15  each ensuing municipal fiscal year, then the governing body of    <--
    16  the municipality shall utilize the school district's tax
    17  collector or collectors as the collector of municipal taxes
    18  levied under this act. THREE ARBITRATORS SHALL BE APPOINTED WHO   <--
    19  BY MAJORITY VOTE SHALL CHOOSE A TAX COLLECTOR TO COLLECT TAXES
    20  LEVIED UNDER THIS ACT; ONE PERSON SHALL BE APPOINTED BY THE
    21  GOVERNING BODY OF THE MUNICIPALITY WHO IS A RESIDENT OF THE
    22  MUNICIPALITY AND WHO IS NOT A MEMBER OF THE GOVERNING BODY, ONE
    23  PERSON SHALL BE APPOINTED BY THE BOARD OF SCHOOL DIRECTORS WHO
    24  IS A RESIDENT OF THE SCHOOL DISTRICT AND WHO IS NOT A SCHOOL
    25  DIRECTOR, AND ONE PERSON SHALL BE APPOINTED BY THE CHAMBER OF
    26  COMMERCE OF THE MUNICIPALITY WHO IS A MEMBER OF THE CHAMBER OF
    27  COMMERCE.
    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.
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     1     Section 3.  This act shall take effect immediately.




















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