act-1996-0-108•Pennsylvania Act 1996-108 — MUNICIPALITIES FINANCIAL RECOVERY ACT - AMEND
Pennsylvania Act 1996-108 — MUNICIPALITIES FINANCIAL RECOVERY ACT - AMEND
act-1996-0-1081996 Pa. Act 108Law
Act text
MUNICIPALITIES FINANCIAL RECOVERY ACT - AMEND
Act of Jul. 11, 1996, P.L. 645, No. 108 Cl. 53
Session of 1996
No. 1996-108
HB 950
AN ACT
Amending the act of July 10, 1987 (P.L.246, No.47), entitled "An
act empowering the Department of Community Affairs to declare
certain municipalities as financially distressed; providing
for the restructuring of debt of financially distressed
municipalities; limiting the ability of financially
distressed municipalities to obtain government funding;
authorizing municipalities to participate in Federal debt
adjustment actions and bankruptcy actions under certain
circumstances; and providing for consolidation or merger of
contiguous municipalities to relieve financial distress,"
imposing a limitation on the right of a municipality to
petition the court for an increase in the rate of taxation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 123(c) and 141 of the act of July 10,
1987 (P.L.246, No.47), known as the Municipalities Financial
Recovery Act, are amended to read:
Section 123. Powers and duties of municipalities.
* * *
(c) Right to petition court for tax increase.--
(1) After a municipality has adopted a plan under
Subchapter C of Chapter 2, it may petition the court of
common pleas of the county in which the municipality is
located to increase its rates of taxation for earned income,
real property, or both, beyond maximum rates provided by law.
(2) If a tax increase above existing limits is granted
by the courts, the increase shall be effective for a period
of one year. [from the date a final plan is adopted by the
governing body pursuant to section 245.] The one-year
increase shall run from the date specified in the petition
filed with the court or, if no such date is specified, from
the beginning of the current fiscal year of the municipality.
Subsequent increases in rates of taxation may be granted by
the court upon annual petition of the municipality. The
additional amount of taxes resulting from the petition shall
not be subject to sharing with a school district.
(3) A petition filed by a city of the second class A
under this subsection may not include an increase in a tax on
nonresident income unless the municipality certifies to the
court, with regard to those provisions of the plan having a
measurable fiscal impact, that:
(i) the municipality has substantially implemented
the provisions which are within the authority of the
chief executive officer or governing body, including, but
not limited to, provisions of the plan that call for
increasing existing tax rates levied on residents and
increasing fees charged by the municipality;
(ii) the municipality has taken those actions
required to obtain the approval of other parties for
those provisions which may not be implemented without
such approval, including, but not limited to, the
approval of a court, local electors or any collective
bargaining unit; and
(iii) the additional income from the aforementioned
actions is insufficient to balance the municipal budget,
necessitating additional revenue from an increase in the
tax on nonresident income.
Section 141. Jurisdiction of court of common pleas.
(a) Increases in tax rates.--The court of common pleas of
each county shall have jurisdiction to hear a petition filed by
a municipality which has adopted a final plan pursuant to
Subchapter C of Chapter 2 to increase rates of taxation for
earned income, real property, or both, beyond maximum rates
provided by law. The court may extend annually the increased
taxing powers of the municipality until the termination date of
the plan adopted by the municipality pursuant to Chapter 2.
(b) Involuntary compromises of delinquent taxes.--The court
of common pleas of each county may hear a petition filed by at
least two taxing authorities having taxing power over the
properties within a municipality which has adopted a final plan
pursuant to Subchapter C of Chapter 2 if the petition requests a
compromise of delinquent taxes due on a property in that
municipality. The court may order the property to be sold at a
sheriff's sale and the proceeds to be divided among all
authorities which are owed taxes for the property sold. If the
property is sold at sheriff's sale and if the proceeds are
insufficient to satisfy tax liens on the property, the court
shall order a proration of the sale proceeds among the taxing
authorities which fixed the liens.
Section 2. This act shall apply to petitions to increase
rates of taxation that relate to tax years beginning after the
effective date of this act.
Section 3. This act shall take effect in 60 days.
APPROVED--The 11th day of July, A. D. 1996.
THOMAS J. RIDGE
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