PRIOR PRINTER'S NOS. 891, 1480 PRINTER'S NO. 2053
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 19970S0826B2053 - 2 -
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. C4L72JS/19970S0826B2053 - 4 -