PRINTER'S NO. 1273
No. 1082 Session of 2003
INTRODUCED BY ROSS, TANGRETTI, DALLY, COY, BELFANTI, BUNT,
CAWLEY, CIVERA, CORRIGAN, CRUZ, DALEY, DeWEESE, FRANKEL,
FREEMAN, GEORGE, GRUCELA, HARHAI, HARHART, HORSEY, LAUGHLIN,
LEACH, McCALL, McGEEHAN, R. MILLER, NICKOL, READSHAW, SHANER,
SOLOBAY AND THOMAS, APRIL 8, 2003
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 8, 2003
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further providing for tax levies.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1709 of the act of June 24, 1931
8 (P.L.1206, No.331), known as The First Class Township Code,
9 reenacted and amended May 27, 1949 (P.L.1955, No.569) and
10 amended December 17, 1990 (P.L.744, No.186), is amended to read:
11 Section 1709. Tax Levies.--(a) The board of township
12 commissioners may levy taxes upon all property and upon all
13 occupations within the township made taxable for township
14 purposes, as ascertained by the valuation for county purposes
15 made by the assessors of the several counties of this
16 Commonwealth for the year for which the township taxes are
17 levied, for the purposes and at the rate hereinafter specified:
1 Provided, however, That such valuation shall be subject to
2 correction by the county commissioners of the several counties,
3 and to appeal by the taxable persons in accordance with existing
4 laws.
5 One. An annual tax for general township purposes, not
6 exceeding thirty mills, unless the board of township
7 commissioners by majority action shall, upon due cause shown by
8 resolution, petition the court of quarter sessions, in which
9 case the court may order a rate of not more than five mills
10 additional to be levied: Further provided, That if, at the
11 hearing before the court of quarter sessions upon said petition,
12 of which notice shall be given as the court may direct, which
13 hearing shall be held not less than ten nor more than fifteen
14 days after said petition shall be presented, the owners of real
15 estate having assessed valuation of fifty per centum of the
16 total assessed valuation of real estate in said township shall,
17 by petition, object to the making of an order for any additional
18 tax levy, the court shall thereupon deny the prayer of said
19 petition.
20 Two. An annual tax not exceeding three mills for the purpose
21 of building and maintaining suitable places for the housing of
22 fire apparatus and for the purpose of purchasing, maintaining
23 and operating fire apparatus and for the purposes of making of
24 appropriations to fire companies within or without the township
25 and of contracting with adjacent municipalities or volunteer
26 fire companies therein for fire protection. If an annual tax for
27 the purposes specified in this clause is proposed to be set at a
28 level higher than three mills the question shall be submitted to
29 the voters of the township, and the county board of elections
30 shall frame the question in accordance with the election laws of
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1 the Commonwealth for submission to the voters of the township.
2 Three. An annual tax, not exceeding one-tenth of one mill,
3 for the purpose of caring for trees planted under the
4 supervision of the shade-tree commission, and for the purpose of
5 publishing notices of meetings to consider the planting,
6 removing, or changing of trees. In lieu of the tax provided for
7 in this clause, the township commissioners may, by specific
8 appropriation, provide for the maintenance of such trees from
9 the general funds of the township.
10 Four. An annual tax so long as necessary, for the purpose of
11 procuring a lot and/or erecting a building thereon for a
12 townhouse, and for the payment of indebtedness incurred in
13 connection therewith.
14 Five. An annual tax sufficient to pay interest and principal
15 on any indebtedness incurred pursuant to the act of July 12,
16 1972 (P.L.781, No.185), known as the "Local Government Unit Debt
17 Act," or any prior or subsequent act governing the incurrence of
18 indebtedness of the township.
19 Six. The commissioners of the township shall have the power
20 to levy and collect annually on the valuation assessed for
21 general township purposes as now is or may be provided by law,
22 an additional tax not exceeding one-half (1/2) mill to provide
23 for pensions, retirement, or the purchase of annuity contracts
24 for township employes. This tax shall be kept in a separate fund
25 and used only for the purposes herein provided.
26 Seven. An annual tax not exceeding one-half mill for the
27 purpose of supporting ambulance and rescue squads serving the
28 township, except as provided in subsection (c).
29 Eight. An annual tax not exceeding three mills to support a
30 police department which serves the township solely, to support
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1 the township's participation in a regional police department, or
2 to pay for the purchase of police services for the township. If
3 an annual tax for the purposes specified in this clause is
4 proposed to be set at a level higher than three mills, the
5 question shall be submitted to the voters of the township and
6 the county board of elections shall frame the question in
7 accordance with the election laws of this Commonwealth for
8 submission to the voters of the township.
9 (b) This section does not include the levy of any taxes upon
10 particular districts, or parts of any township, for particular
11 purposes, nor special levies otherwise provided for in this act.
12 (c) The tax for supporting ambulance and rescue squads
13 serving the township shall not exceed the rate specified in
14 clause seven of subsection (a) except when the question is
15 submitted to the voters of the township in the form of a
16 referendum which will appear on the ballot in accordance with
17 the election laws of the Commonwealth, in which case the rate
18 shall not exceed two mills. The county board of elections shall
19 frame the question to be submitted to the voters of the township
20 in accordance with the election laws of the Commonwealth.
21 Section 2. This act shall take effect in 60 days.
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