act-1963-0-338•Pennsylvania Act 1963-338 — ALLOW FIRST CLASS CITIES TO IMPOSE ADDITIONAL SCHOOL TAXES
Pennsylvania Act 1963-338 — ALLOW FIRST CLASS CITIES TO IMPOSE ADDITIONAL SCHOOL TAXES
act-1963-0-3381963 Pa. Act 338Law
Act text
ALLOW FIRST CLASS CITIES TO IMPOSE ADDITIONAL SCHOOL TAXES
Act of Aug. 9, 1963, P.L. 640, No. 338 Cl. 11
AN ACT
Empowering cities of the first class, coterminous with school
districts of the first class, to authorize the boards of
public education of such school districts to impose certain
additional taxes for school district purposes, and providing
for the levy, assessment and collection of such taxes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. (a) The council of any city of the first class,
coterminous with a school district of the first class may, by
ordinance, authorize the board of public education of such
school district to impose taxes for the purposes of such school
district on any persons, transactions, occupations, privileges,
subjects, and real and personal property which may now or
hereafter be taxable by such city for general revenue purposes,
except that no such ordinance shall authorize the imposition of
a tax on the wages, salary or net income of any person not a
resident of such school district.
(b) The council of any city of the first class, coterminous
with a school district of the first class may, in addition, by
ordinance authorize the board of public education of such school
district to impose a tax on the income of all kinds from the
ownership, lease, sale or other disposition of tangible and
intangible real and personal property of persons who are
residents of the school district, whether or not such income may
presently be subject to tax by the city for general revenue
purposes under the act of August 5, 1932 (P.L.45), as amended:
Provided, That as to income received by residents after January
1, 1968, a tax on such income from property shall not be imposed
at an annual rate higher than the then current annual rate of
tax imposed or authorized by the council of the city upon the
wages or net profits of such residents.
There shall be excluded from any tax under this act
authorized by the city council of any city of the first class
and levied by any school district of the first class:
(1) All interest on public loans issued by this Commonwealth
or the United States, and public loans and obligations of any
county, city, borough, town, township, school district, and
incorporated district of this Commonwealth, and bonds and
obligations of bodies corporate and politic of this Commonwealth
known as municipal authorities;
(2) Interest and dividends received or credited on savings
deposits and savings certificates issued by any private bank,
building and loan association, savings and loan association,
credit union, savings bank, bank, bank and trust company or
trust company. For purposes of this paragraph a savings
certificate means an instrument designated as a savings
certificate or a savings bond and which either according to the
rules of the issuer in effect at the time the instrument is
issued or when this act is approved, whichever is later, can
only be originally issued to an individual or a nonprofit
organization, or is non-negotiable; and
(3) Gains realized upon the sale, exchange or other
disposition of tangible or intangible personal property or of
real estate: Provided, That the property which produced such
gains has been owned by the resident for a period of more than
six months prior to the date of sale, exchange or other
disposition.
(1 amended Nov. 16, 1967, P.L.500, No.244)
Section 2. The ordinance authorizing the tax shall fix the
rate thereof, and provide for the levy, assessment and
collection of the same. Such taxes shall be levied, assessed and
collected in accordance with all provisions, restrictions,
limitations, rights of notice and appeal as are applicable to
like taxes imposed for city purposes.
Section 3. Nothing in this act shall be deemed to diminish,
limit or qualify any power now or hereafter existing to impose,
assess, levy or collect any tax or taxes in the manner or by the
agency provided by law.
Section 3.1. The board of public education is authorized to
adopt regulations for the administration of any tax or taxes
which are authorized by city council to be levied under the
authority of this act. Such regulations shall include provisions
for the collection of the tax, bringing suit for unpaid taxes
and issuing execution.
(3.1 added Nov. 16, 1967, P.L.500, No.244)
Section 3.2. If any sentence, clause, section or part of
this act is for any reason found to be unconstitutional, illegal
or invalid, such unconstitutionality, illegality or invalidity
shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this act. It is hereby
declared as the intent of the General Assembly that this act
would have been adopted had such unconstitutional, illegal or
invalid sentence, clause, section or part thereof not been
included herein.
(3.2 added Nov. 16, 1967, P.L.500, No.244)
Section 3.3. Nothing contained in this act shall be
construed to empower any school district of the first class
pursuant to the authority conferred upon it by the city council
to levy and collect any taxes not within the taxing power of the
school district under the Constitution and statutes of this
Commonwealth and the Constitution and statutes of the United
States.
(3.3 added Nov. 16, 1967, P.L.500, No.244)
Section 4. This act shall take effect immediately.
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