PRINTER'S NO. 396

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 367 Session of 1993


        INTRODUCED BY MURPHY, MICOZZIE, TRELLO, HALUSKA, BELARDI, TIGUE,
           KAISER, DeLUCA, BELFANTI, PISTELLA, CAWLEY AND COLAFELLA,
           FEBRUARY 10, 1993

        REFERRED TO COMMITTEE ON EDUCATION, FEBRUARY 10, 1993

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," requiring collection of certain
     6     school taxes on a monthly basis.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  The act of March 10, 1949 (P.L.30, No.14), known
    10  as the Public School Code of 1949, is amended by adding a
    11  section to read:
    12     Section 652.3.  Monthly Collection of Certain School Taxes.--
    13  (a)  Notwithstanding the provisions of any other law, the board
    14  of public education in a school district of the first class A
    15  shall provide for the collection and payment of its real estate
    16  taxes in twelve (12) equal monthly installments if the taxes are
    17  payable by an individual with income at or below the Federal
    18  poverty guidelines or who is an eligible claimant under the act
    19  of August 14, 1991 (P.L.342, No.36), known as the "Lottery Fund


     1  Preservation Act." Where payment of taxes is made on the
     2  installment basis, no abatement or discount shall be allowed on
     3  the taxes.
     4     (b)  Any ordinance or resolution shall set forth the dates
     5  when the respective installments become due and delinquent. To
     6  each installment on the date when it becomes delinquent, a
     7  penalty of up to ten per centum (10%) shall be added, which
     8  shall be collected by the tax collector. No further penalties,
     9  except as hereinafter provided, shall be added to any
    10  installment of taxes, unless one or more installments remain
    11  unpaid, and the lands upon which installments are due are
    12  returned under existing laws to the county commissioners for
    13  nonpayment of taxes, or in case a lien for the unpaid
    14  installment or installments is filed under existing laws in the
    15  office of the prothonotary, in which case, the additional
    16  penalty or interest provided for by existing return and lien
    17  laws shall apply.
    18     (c)  The payment of the first installment by a taxpayer
    19  before the same becomes delinquent shall conclusively evidence
    20  an intention to pay his taxes on the installment plan, as
    21  provided by said ordinance or resolution.
    22     (d)  Where a taxpayer shall fail to evidence an intention to
    23  pay on the installment plan, as hereinbefore provided, his taxes
    24  shall become due and payable and be collected as elsewhere
    25  provided by law, subject to the discounts and penalties provided
    26  thereby.
    27     (e)  This section shall apply to taxes levied for the fiscal
    28  year beginning January 1, 1994, and to each fiscal year
    29  thereafter.
    30     Section 2.  This act shall take effect immediately.
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