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        PRIOR PRINTER'S NOS. 891, 1480                PRINTER'S NO. 2053

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 826 Session of 1997


        INTRODUCED BY GREENLEAF AND TOMLINSON, APRIL 1, 1997

        SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED,
           JUNE 8, 1998

                                     AN ACT

     1  Authorizing the Department of Community and Economic Development
     2     to establish a program of training, examination and
     3     qualification of tax collectors; and providing for continuing
     4     education.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Tax Collector
     9  Improvement Act.
    10  Section 2.  Definitions.
    11     The following words and phrases when used in this act shall
    12  have the meanings given to them in this section unless the
    13  context clearly indicates otherwise:
    14     "Department."  The Department of Community and Economic
    15  Development of the Commonwealth.
    16     "State-qualified tax collector."  A person who holds a
    17  current valid certificate issued to him under this act.
    18     "Tax collector."  A person duly elected or appointed to

     1  collect real property taxes levied by a political subdivision,
     2  OTHER THAN A COUNTY, including, but not limited to, the           <--
     3  following:
     4         (1)  A tax collector in a borough, incorporated town or
     5     township of the second class.
     6         (2)  A treasurer of a city of the third class or a
     7     township of the first class in his capacity as tax collector.
     8         (3)  A county collector of taxes in a county of the        <--
     9     third, fourth, fifth, sixth, seventh or eighth class who has
    10     been designated to collect county and institution district
    11     taxes in a city of the third class.
    12         (4)  A county treasurer in a county of the fourth, fifth,
    13     sixth, seventh or eighth class who has been designated to
    14     collect county taxes in a municipality existing or organized
    15     under 53 Pa.C.S. Pt. III Subpt. E (relating to home rule and
    16     optional plan government), which municipality has eliminated
    17     the elective office of tax collector.
    18         (5) (3)  An employee OR OFFICIAL who has been designated   <--
    19     to collect real property taxes in a municipality, OTHER THAN   <--
    20     A COUNTY, existing or organized under 53 Pa.C.S. Pt. III
    21     Subpt. E, which municipality has eliminated the elective
    22     office of tax collector.
    23  Section 3.  State tax collector certificate required.
    24     It shall be unlawful, on or after July 1, 1998, for any
    25  person to hold himself out as a State-qualified tax collector
    26  unless he holds a current, valid certificate from the
    27  department.
    28  Section 4.  Application and qualification.
    29     (a)  Application.--An applicant for qualification as a State-
    30  qualified tax collector shall submit a written application on
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     1  forms provided by the department evidencing that:
     2         (1)  He is of good moral character.
     3         (2)  He has completed the requisite training course
     4     conducted by the department.
     5         (3)  His application has been accompanied by the
     6     application fee.
     7     (b)  Criminal background check.--As a prerequisite to taking
     8  the examination for qualification, an applicant shall, in
     9  addition to meeting the requirements of subsection (a), undergo
    10  a criminal background check to be paid for by the applicant.
    11     (c)  Training course.--As a prerequisite to taking the
    12  examination for qualification, an applicant shall complete a
    13  training course conducted by the department. The applicant shall
    14  bear the cost of the training course which shall include
    15  information concerning the following:
    16         (1)  The tax collectors' manual.
    17         (2)  The local tax collection laws.
    18         (3)  Auditing.
    19         (4)  Accounting.
    20         (5)  Ethics.
    21         (6)  Computerization.
    22         (7)  Recent court decisions affecting the imposition and
    23     collection of taxes.
    24         (8)  Procedures for collecting taxes.
    25     (d)  Examinations.--Examinations shall be prepared and
    26  administered by a third party selected by the department, which
    27  third party may also perform the training under this act. The
    28  examinee shall bear the cost of the examination.
    29  Section 5.  Continuing education.
    30     (a)  Rules and regulations.--The department shall establish
    19970S0826B2053                  - 3 -

     1  requirements of continuing education to be met by individuals
     2  qualified as tax collectors under this act as condition for
     3  renewal.
     4     (b)  Yearly requirements.--Each person qualified pursuant to
     5  this act shall be required to obtain ten hours of mandatory
     6  continuing education during each year.
     7     (c)  Topics.--The topics for continuing education shall
     8  include:
     9         (1)  Accounting.
    10         (2)  Auditing.
    11         (3)  Computerization.
    12         (4)  Ethics.
    13         (5)  Procedures for collecting taxes.
    14         (6)  Recent court decisions affecting the imposition and
    15     collection of taxes.
    16         (7)  The local tax collection laws.
    17     (d)  Information to applicants.--The department shall inform
    18  applicants of the continuing education requirement prior to the
    19  renewal period.
    20  Section 6.  Renewal term and records.
    21     (a)  Renewal term.--Renewal of qualification shall be on an
    22  annual basis.
    23     (b)  Records.--A record of all qualified tax collectors shall
    24  be kept by the department and shall be open to public inspection
    25  and copying upon payment of a nominal fee.
    26  Section 7.  Effective date.
    27     This act shall take effect in 60 days.


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