A00277
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
548
Session of
2019
INTRODUCED BY EMRICK, PICKETT, MILLARD, ZIMMERMAN, NEILSON AND
MASSER, FEBRUARY 19, 2019
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 19, 2019
AN ACT
Amending Titles 8 (Boroughs and Incorporated Towns) and 11
(Cities) of the Pennsylvania Consolidated Statutes, in mayor,
further providing for president or vice president of council
to act as mayor; in taxation and finance, further providing
for tax levy and for tax ordinance; in ordinances, further
providing for ordinances and resolutions and, for enactment,
approval and veto, for recording, advertising and proof and
for codification of ordinances; and, in council, further
providing for ordinances and resolutions and for records of
ordinances maintained by city clerk; and, in taxation,
further providing for tax levies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 10A08(c), 1302(a) introductory
paragraph, 1310.1, 3301.1(c) and 3301.3(c) of Title 8 of the
Pennsylvania Consolidated Statutes are amended to read:
Section 1. Sections 10A08(c), 1302(a) introductory
paragraph, 1310.1, 3301.1(c), 3301.3(c), 3301.4(a) and (b) and
3301.5(a)(1) of Title 8 of the Pennsylvania Consolidated
Statutes are amended to read:
§ 10A08. President or vice president of council to act as
mayor.
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* * *
(c) Veto and voting power.--The president or vice president
of council while acting as mayor shall have power to veto a
proposed ordinance or the annual tax resolution under section
1302(a) (relating to tax levy) or to break a tie but shall not
have power to vote as a member of council.
§ 1302. Tax levy.
(a) Authority.--The council of the borough shall have power,
by [ordinance] resolution, to levy and collect annually a tax
not exceeding 30 mills for general borough purposes, unless the
council by majority action, upon due cause shown by resolution,
petitions the court of common pleas, in which case the court may
order a rate of not more than five mills additional to be levied
and in addition any of the following taxes:
* * *
§ 1310.1. Tax [ordinance] resolution.
After council has adopted the budget, it is the duty of the
council to enact [an ordinance] a resolution levying the taxes
referred to in this part for the fiscal year subject to approval
of the mayor or enactment over the mayor's veto under the
procedure established in section 3301.3(c) (relating to
enactment, approval and veto).
§ 3301.1. Ordinances and resolutions.
* * *
(c) Resolutions.--Council shall adopt resolutions in
accordance with this part and the laws of this Commonwealth.
Resolutions may be adopted for any purpose, including, but not
limited to, the following:
(1) Ceremonial or congratulatory expressions of the good
will of the council.
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(2) Statements of public policy of the council.
(3) Approval of formal agreements of the borough, except
for agreements arising under an established purchasing system
of the borough.
(4) Approval, if required, of administrative rules,
regulations and bylaws arising under State statutes or
borough ordinances.
(5) The filling of borough-appointed positions and of
vacancies of elected officials, except as otherwise provided.
(6) Annual tax millage rate in accordance with section
1302(a) (relating to tax levy).
* * *
§ 3301.3. Enactment, approval and veto.
* * *
(c) Tax [ordinance] resolution.--The following shall apply:
(1) If council presents the mayor with the annual tax
[ordinance] resolution under section 1310.1 (relating to tax
[ordinance] resolution), the mayor shall, within ten days of
receiving the tax [ordinance] resolution, approve or return
the tax ordinance to the borough secretary with a statement
setting forth the mayor's objections.
(2) Council shall reconsider the tax [ordinance]
resolution at any scheduled meeting held not later than ten
days after the mayor has returned the tax [ordinance]
resolution to the secretary with the mayor's objections. The
mayor's objections shall be entered upon the minutes of the
meeting.
(3) A veto of the tax [ordinance] resolution of the
borough may be overridden by a vote of a majority of all
elected council members plus one. If the veto is overridden,
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the [ordinance] resolution shall have full force and effect
as if it had received the approval of the mayor.
(4) If the mayor neither approves the tax [ordinance]
resolution nor returns it with objections, the date of
enactment of the tax [ordinance] resolution shall be the date
of the adoption of the tax [ordinance] resolution by council.
§ 3301.4. Recording, advertising and proof.
(a) Recording.--All borough ordinances shall, within 30 days
after approval by the mayor, the council's override of the
mayor's veto or council's next scheduled meeting after its
presentation to the mayor, be recorded by the borough secretary
in an ordinance book. All borough resolutions pertaining to tax
levies shall, within 30 days after approval by the mayor, the
council's override of the mayor's veto or the council's next
scheduled meeting after its presentation to the mayor, be
recorded by the borough secretary in an ordinance book. The
ordinance book shall be open to the inspection of citizens
during normal business hours.
(b) Proof.--All ordinances may be proved by the certificate
of the borough secretary under the corporate seal. If an
ordinance is printed or published in book or pamphlet form by
the authority of the borough, the ordinance shall be accepted as
evidence without further proof. The entry of the borough
ordinance or the entry of a borough resolution pertaining to a
tax levy in the ordinance book shall be sufficient without the
signature of the president of council, mayor or member of
council.
* * *
§ 3301.5. Codification of ordinances.
(a) Consolidation, codification and revision.--The borough
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council, under section 3301.1(a) (relating to ordinances and
resolutions), may:
(1) enact a consolidation, codification or revision of
borough ordinances or recorded resolutions as a single
ordinance of the borough; and
* * *
Section 2. Sections 11018.1(a)(2) and (b)(2), 11018.11(a),
(b), (c) and (d) and 12531(a) introductory paragraph and (c)(2)
and (3) of Title 11 are amended to read:
§ 11018.1. Ordinances and resolutions.
(a) Ordinances.--With regard to ordinances, the following
shall apply:
* * *
(2) Every legislative act of council shall be by
ordinance and the legislative acts shall include:
[(i) Tax ordinances.]
[(ii)] (i) General appropriation ordinances.
[(iii)] (ii) All ordinances that:
(A) Exercise the police power of the city.
(B) Regulate land use, development and
subdivision.
(C) Impose building, plumbing, electrical,
property maintenance, housing and similar standards.
(D) Otherwise regulate the conduct of persons
within the city.
[(iv)] (iii) Imposition of penalties for the
violation of ordinances.
* * *
(b) Resolutions.--With regard to resolutions, the following
shall apply:
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* * *
(2) The purposes for which resolutions may be adopted
shall include, but not be limited to, the following:
(i) Ceremonial or congratulatory expressions of the
goodwill of council.
(ii) Statements of public policy of council.
(iii) Approval of formal agreements of the city,
except when an agreement arises under a previously
approved purchasing system of the city.
(iv) Approval of the acquisition, disposition and
leasing of real property.
(v) Approval of administrative rules and regulations
arising under State statutes or city ordinances.
(vi) Annual tax millage rate in accordance with
section 12531 (relating to tax levies).
* * *
§ 11018.11. Records of ordinances maintained by city clerk.
(a) Records.--Within one month after enactment, each
ordinance shall be certified and recorded by the city clerk in a
book provided by the city which shall, at all times, be open to
the inspection of the public. Within one month after adoption,
each resolution pertaining to a tax levy shall be certified and
recorded by the city clerk in a book provided by the city which
shall, at all times, be open to the inspection of the public. A
standard or nationally recognized code or a portion of the
standard or nationally recognized code enacted by reference need
not be recorded in or attached to the ordinance book but shall
be deemed to have been legally recorded if the ordinance by
which the code was enacted by reference is recorded, with an
accompanying notation stating where the full text of the code is
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filed. A failure to record within the time provided shall not be
deemed a defect in the process of the enactment or adoption of
the ordinance or of the resolution that pertains to a tax levy.
(b) Compilation or codification.--At the close of each year,
with the advice and assistance of the city solicitor, the city
clerk shall bind, compile or codify all the ordinances or
recorded resolutions of the city, or true copies of the
ordinances or recorded resolutions, which remain in force and
effect.
(c) Indexing.--The city clerk shall also properly index the
record books, compilation or codification of ordinances or
resolutions.
(d) Retention.--The retention of ordinances and recorded
resolutions shall be in accordance with 53 Pa.C.S. Ch. 13 Subch.
F (relating to records).
* * *
§ 12531. Tax levies.
(a) Property tax.--Council may, by [ordinance] resolution,
levy and, in accordance with this part, provide for the
collection of taxes on all property within the city that is made
taxable for city purposes and subject to valuation and
assessment by the county assessment office or the city, as
provided in Subchapter A (relating to assessments of property
for taxation), as follows:
* * *
(c) Property tax rules.--With regard to the taxes authorized
in subsection (a), the following shall apply:
* * *
(2) Any [ordinance] resolution fixing the rate of
taxation for any year at a millage rate shall also include a
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statement expressing the rate of taxation in dollars and
cents on each $100 of assessed valuation of taxable property.
(3) Council may, by [ordinance,] resolution in any year
levy separate and different rates of taxation for city
purposes on all real estate classified as land, exclusive of
the buildings on the real estate, and on all real estate
classified as buildings on land. When real estate tax rates
are so levied:
* * *
Section 3. This act shall take effect in 60 days.
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