Bill Text: PA HB1397 | 2009-2010 | Regular Session | Introduced

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Bill Title: An Act amending the act of January 19, 1968 (1967 P.L.992, No.442), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses," further providing for local taxing options.

Spectrum: Slight Partisan Bill (Democrat 14-5)

Status: (Introduced - Dead) 2009-05-13 - Re-committed to APPROPRIATIONS [HB1397 Detail]

Download: Pennsylvania-2009-HB1397-Introduced.html

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PRINTER'S NO. 1718
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1397 Session of2009
INTRODUCED BY CARROLL, McILVAINE SMITH, QUIGLEY, BRENNAN, DALLY, FRANKEL, FREEMAN, GRUCELA, HARKINS, JOSEPHS, W. KELLER, MELIO, MILNE, MURT, READSHAW, SCAVELLO, SIPTROTH, K. SMITH AND YOUNGBLOOD, APRIL 30, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 30, 2009
AN ACT
Amending the act of January 19, 1968 (1967 P.L.992, No.442),
entitled, as amended, "An act authorizing the Commonwealth of
Pennsylvania and the local government units thereof to
preserve, acquire or hold land for open space uses," further
providing for local taxing options.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7.1(a) of the act of January 19, 1968
(1967 P.L.992, No.442), entitled, as amended, "An act
authorizing the Commonwealth of Pennsylvania and the local
government units thereof to preserve, acquire or hold land for
open space uses," amended November 29, 2006 (P.L.1418, No.154),
is amended to read:
Section 7.1. Local Taxing Options.--(a) A local government
unit, excluding counties and county authorities, may by
ordinance impose, in addition to the statutory rate limits on
real estate taxes set forth in the municipal code of that local
government unit, a tax on real property not exceeding the
millage authorized by referendum under this subsection. In the
alternative, a local government unit, excluding counties and
county authorities, may by ordinance impose, in addition to the
earned income tax rate limit set forth in the act of December
31, 1965 (P.L.1257, No.511), known as "The Local Tax Enabling
Act," a tax on the earned income of the residents of that local
government unit not exceeding the rate authorized by referendum
under this subsection. Revenue from the levy shall be used to
retire the indebtedness incurred in purchasing interests in real
property or in making additional acquisitions of real property
for the purpose of securing an open space benefit or benefits
under the provisions of this act or the act of June 30, 1981
(P.L.128, No.43), known as the "Agricultural Area Security Law."
Revenue from the levy may also be used for the costs associated
with operation and maintenance of the real property, and for
transactional fees that are incidental to acquisitions made in
accordance with this act, including, but not limited to, costs
of appraisals, legal services, title searches, document
preparation, title insurance, closing fees and survey costs. The
local taxing option authorized by this subsection shall not be
exercised unless the governing body of the local government unit
shall by ordinance first provide for a referendum on the
question of the imposition at a specific rate of the additional
tax to be imposed and a majority of those voting on the
referendum question vote in favor of the imposition of the tax.
The ordinance of the governing board of the local government
unit providing for a referendum on the question shall be filed
with the county board of elections. The referendum shall be
governed by the provisions of the act of June 3, 1937 (P.L.1333,
No.320), known as the "Pennsylvania Election Code." The election
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official shall cause the question to be submitted to the
electors of the local government unit at the next primary,
general or municipal election occurring not less than the
thirteenth Tuesday following the filing of the ordinance with
the county board of elections. At such election, the question
shall be submitted to the voters in the same manner as other
questions are submitted under the provisions of the
"Pennsylvania Election Code." The question to be placed upon the
ballot shall be framed in the following form:
Do you favor the imposition of a (describe tax in millage
or rate) by (local government unit) to be used to
(purpose)?
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Section 2. This act shall take effect in 60 days.
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