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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1444, 2379               PRINTER'S NO. 3182

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1206 Session of 2003


        INTRODUCED BY MAHER, APRIL 21, 2003

        SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JANUARY 20, 2004

                                     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 limitations on rates of specific taxes;  <--
    23     and providing for certain applicability.

    24     The General Assembly of the Commonwealth of Pennsylvania
    25  hereby enacts as follows:
    26     Section 1.  Section 8(6) of the act of December 31, 1965       <--
    27  (P.L.1257, No.511), known as The Local Tax Enabling Act, amended

     1  October 11, 1984 (P.L.885, No.172), is amended to read:
     2     Section 8.  Limitations on Rates of Specific Taxes.--No taxes
     3  levied under the provisions of this act shall be levied by any
     4  political subdivision on the following subjects exceeding the
     5  rates specified in this section:
     6     * * *
     7     (6)  On admissions to places of amusement, athletic events
     8  and the like, and on motion picture theatres in cities of the
     9  second class, ten percent. In cities of the second class where a
    10  public service foundation is created under section 7(b) of the
    11  act of November 26, 1997 (P.L.508, No.55), known as the
    12  "Institutions of Purely Public Charity Act," the term
    13  "amusement" for tax purposes under this act shall not include
    14  any form of performing arts, regardless of the nature thereof,
    15  for which the net proceeds inure to the benefit of an
    16  institution of purely public charity.
    17     * * *
    18     Section 2 1.  The amendment of section 2 of the act OF         <--
    19  DECEMBER 31, 1965 (P.L.1257, NO.511), KNOWN AS THE LOCAL TAX
    20  ENABLING ACT, and the amendment of the definitions of "earned
    21  income" and "net profits" in section 13 I of the act THE LOCAL    <--
    22  TAX ENABLING ACT IN THE ACT of December 9, 2002 (P.L.1364,
    23  No.166), entitled "An act amending the act of December 31, 1965
    24  (P.L.1257, No.511), entitled 'An act empowering cities of the
    25  second class, cities of the second class A, cities of the third
    26  class, boroughs, towns, townships of the first class, townships
    27  of the second class, school districts of the second class,
    28  school districts of the third class and school districts of the
    29  fourth class including independent school districts, to levy,
    30  assess, collect or to provide for the levying, assessment and
    20030H1206B3182                  - 2 -     

     1  collection of certain taxes subject to maximum limitations for
     2  general revenue purposes; authorizing the establishment of
     3  bureaus and the appointment and compensation of officers,
     4  agencies and employes to assess and collect such taxes;
     5  providing for joint collection of certain taxes, prescribing
     6  certain definitions and other provisions for taxes levied and
     7  assessed upon earned income, providing for annual audits and for
     8  collection of delinquent taxes, and permitting and requiring
     9  penalties to be imposed and enforced, including penalties for
    10  disclosure of confidential information, providing an appeal from
    11  the ordinance or resolution levying such taxes to the court of
    12  quarter sessions and to the Supreme Court and Superior Court,'
    13  further providing for delegation of taxing powers and
    14  restrictions and for definitions," shall apply to taxable years
    15  beginning after December 31, 2002.
    16     Section 3 2.  This act shall take effect immediately.          <--










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