PRIOR PRINTER'S NO. 1000 PRINTER'S NO. 3267
No. 889 Session of 2001
INTRODUCED BY ROSS, TANGRETTI, DALLY, COY, BELFANTI, M. COHEN,
COLAFELLA, CORRIGAN, CURRY, DAILEY, DALEY, DeWEESE, FRANKEL,
FREEMAN, GEORGE, GRUCELA, LAUGHLIN, McCALL, MELIO, R. MILLER,
NAILOR, PIPPY, READSHAW, SCRIMENTI, SOLOBAY, STURLA,
E. Z. TAYLOR, THOMAS, TRELLO, TRICH, WASHINGTON, M. WRIGHT
AND YUDICHAK, MARCH 12, 2001
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 6, 2002
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
1 levied, for the purposes and at the rate hereinafter specified:
2 Provided, however, That such valuation shall be subject to
3 correction by the county commissioners of the several counties,
4 and to appeal by the taxable persons in accordance with existing
5 laws.
6 One. An annual tax for general township purposes, not
7 exceeding thirty mills, unless the board of township
8 commissioners by majority action shall, upon due cause shown by
9 resolution, petition the court of quarter sessions, in which
10 case the court may order a rate of not more than five mills
11 additional to be levied: Further provided, That if, at the
12 hearing before the court of quarter sessions upon said petition,
13 of which notice shall be given as the court may direct, which
14 hearing shall be held not less than ten nor more than fifteen
15 days after said petition shall be presented, the owners of real
16 estate having assessed valuation of fifty per centum of the
17 total assessed valuation of real estate in said township shall,
18 by petition, object to the making of an order for any additional
19 tax levy, the court shall thereupon deny the prayer of said
20 petition.
21 Two. An annual tax not exceeding three mills for the purpose
22 of building and maintaining suitable places for the housing of
23 fire apparatus and for the purpose of purchasing, maintaining
24 and operating fire apparatus and for the purposes of making of
25 appropriations to fire companies within or without the township
26 and of contracting with adjacent municipalities or volunteer
27 fire companies therein for fire protection. If an annual tax for
28 the purposes specified in this clause is proposed to be set at a
29 level higher than three mills the question shall be submitted to
30 the voters of the township, and the county board of elections
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1 shall frame the question in accordance with the election laws of
2 the Commonwealth for submission to the voters of the township.
3 Three. An annual tax, not exceeding one-tenth of one mill,
4 for the purpose of caring for trees planted under the
5 supervision of the shade-tree commission, and for the purpose of
6 publishing notices of meetings to consider the planting,
7 removing, or changing of trees. In lieu of the tax provided for
8 in this clause, the township commissioners may, by specific
9 appropriation, provide for the maintenance of such trees from
10 the general funds of the township.
11 Four. An annual tax so long as necessary, for the purpose of
12 procuring a lot and/or erecting a building thereon for a
13 townhouse, and for the payment of indebtedness incurred in
14 connection therewith.
15 Five. An annual tax sufficient to pay interest and principal
16 on any indebtedness incurred pursuant to the act of July 12,
17 1972 (P.L.781, No.185), known as the "Local Government Unit Debt
18 Act," or any prior or subsequent act governing the incurrence of
19 indebtedness of the township.
20 Six. The commissioners of the township shall have the power
21 to levy and collect annually on the valuation assessed for
22 general township purposes as now is or may be provided by law,
23 an additional tax not exceeding one-half (1/2) mill to provide
24 for pensions, retirement, or the purchase of annuity contracts
25 for township employes. This tax shall be kept in a separate fund
26 and used only for the purposes herein provided.
27 Seven. An annual tax not exceeding one-half mill for the
28 purpose of supporting ambulance and rescue squads serving the
29 township, except as provided in subsection (c).
30 Eight. An annual tax not exceeding ten THREE mills to <--
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1 support a police department which serves the township solely, to
2 support the township's participation in a regional police
3 department, or to pay for the purchase of police services for
4 the township. IF AN ANNUAL TAX FOR THE PURPOSES SPECIFIED IN <--
5 THIS CLAUSE IS PROPOSED TO BE SET AT A LEVEL HIGHER THAN THREE
6 MILLS, THE QUESTION SHALL BE SUBMITTED TO THE VOTERS OF THE
7 TOWNSHIP AND THE COUNTY BOARD OF ELECTIONS SHALL FRAME THE
8 QUESTION IN ACCORDANCE WITH THE ELECTION LAWS OF THIS
9 COMMONWEALTH FOR SUBMISSION TO THE VOTERS OF THE TOWNSHIP.
10 (b) This section does not include the levy of any taxes upon
11 particular districts, or parts of any township, for particular
12 purposes, nor special levies otherwise provided for in this act.
13 (c) The tax for supporting ambulance and rescue squads
14 serving the township shall not exceed the rate specified in
15 clause seven of subsection (a) except when the question is
16 submitted to the voters of the township in the form of a
17 referendum which will appear on the ballot in accordance with
18 the election laws of the Commonwealth, in which case the rate
19 shall not exceed two mills. The county board of elections shall
20 frame the question to be submitted to the voters of the township
21 in accordance with the election laws of the Commonwealth.
22 Section 2. This act shall take effect in 60 days.
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