PRINTER'S NO. 884

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 826 Session of 1981


        INTRODUCED BY A. K. HUTCHINSON, MARCH 10, 1981

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 10, 1981

                                     AN ACT

     1  Amending the act of June 28, 1895 (P.L.408, No.289), entitled,
     2     as amended, "A supplement to the twenty-fourth section of an
     3     act, entitled, 'An act to provide revenue by taxation,
     4     approved the seventh day of June, one thousand eight hundred
     5     and seventy-nine,' approved the first day of June, one
     6     thousand eight hundred and eighty-nine, amending the twenty-
     7     fourth section, by providing for the payment by the State
     8     Treasurer of the two per centum tax on premiums paid by
     9     foreign fire insurance companies to the treasurers of the
    10     several cities, towns, townships and boroughs, within this
    11     Commonwealth," changing the method of distributing the tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Subsection (a) of section 2, act of June 28, 1895
    15  (P.L.408, No.289), entitled, as amended, "A supplement to the
    16  twenty-fourth section of an act, entitled 'An act to provide
    17  revenue by taxation, approved the seventh day of June, one
    18  thousand eight hundred and seventy-nine,' approved the first day
    19  of June, one thousand eight hundred and eighty-nine, amending
    20  the twenty-fourth section, by providing for the payment by the
    21  State Treasurer of the two per centum tax on premiums paid by
    22  foreign fire insurance companies to the treasurers of the

     1  several cities, towns, township and boroughs, within this
     2  Commonwealth," amended March 13, 1974 (P.L.196, No.38), is
     3  amended to read:
     4     Section 2.  (a)  On and after the first day of January, one
     5  thousand nine hundred and nineteen, and annually thereafter,
     6  there shall be paid by the State Treasurer to the treasurers of
     7  the several cities, towns, townships, and boroughs within the
     8  Commonwealth, the entire net amount received from the two per
     9  centum tax paid upon premiums by foreign fire insurance
    10  companies. The amount to be paid to each of the treasurers of
    11  the several cities, towns, townships, and boroughs shall be
    12  [based upon the return of said two per centum tax upon premiums
    13  received from foreign fire insurance companies doing business
    14  within the said cities, towns, townships, and boroughs, and
    15  shall be proportionate to the premiums received by such
    16  companies on account of insurance written upon property located
    17  in such city, borough, town or township, as shown by the report
    18  made to the Department of Revenue.] distributed as follows:
    19  fifty per centum in accordance to the population of the several
    20  cities, towns, townships and boroughs based on the latest
    21  national population census as reported by the Bureau of Census
    22  of the Unites States, and fifty per centum in accordance with
    23  the market value of taxable real property of the several cities,
    24  towns, townships and boroughs, as determined by the State Tax
    25  Equalization Board. Each city, borough, town or township,
    26  receiving any payment from the State Treasurer hereunder, shall
    27  forthwith pay the amount received to the relief fund association
    28  of, or the pension fund covering the employes of the fire
    29  department, or of such fire company, or fire companies, paid or
    30  volunteer, now existing, or hereafter organized, in such city,
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     1  borough, town, or township, as is or are engaged in the service
     2  of such city, borough, town, or township, and duly recognized as
     3  such by the council or commissioners or supervisors, as the case
     4  may be, of such city, borough, town, or township. In any
     5  borough, town or township in which there is no fire department
     6  or fire company or companies, the amount received by the
     7  treasurer of the borough, town or township from said tax shall
     8  be forthwith paid to the relief fund association, or pension
     9  fund of the fire department or fire company or companies of any
    10  near or adjacent city, borough, town, or township, the fire
    11  department or fire company or companies of which afford fire
    12  protection to the inhabitants of such borough, town, or
    13  township. Before payment of said tax to the treasurer of any
    14  such borough, town, or township, the mayor, in boroughs, and the
    15  secretary of the board of supervisors, in towns, or townships,
    16  shall first certify to the Auditor General that the fire
    17  department or fire company or companies of such near or adjacent
    18  city, borough, town, or township afford fire protection to the
    19  inhabitants of such borough, town, or township: Provided, That
    20  if the fire department consists of paid and volunteer firemen
    21  and the paid firemen shall be covered by a pension fund, then
    22  the two per centum tax aforesaid shall be divided equally
    23  between the relief fund association of the volunteer firemen and
    24  the pension fund for the paid firemen. Warrants for the above
    25  purposes shall be drawn by the Auditor General, payable to the
    26  treasurers of the several cities, towns, townships, and
    27  boroughs, in accordance with this act, whenever there are
    28  sufficient funds in the State Treasury to pay the same
    29  commencing January 1, 1981. All such fire insurance companies
    30  shall instruct their agents to place conspicuously upon the said
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     1  policies and in the applications for said policies, if any, the
     2  exact name of the city, borough, town or township wherein the
     3  insured property is located in addition to the mailing address
     4  for said insured property.
     5     * * *
     6     Section 2.  This act shall take effect immediately.
















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