PRINTER'S NO. 500 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.527 Session of 2025 INTRODUCED BY FARRY, PENNYCUICK, ROTHMAN, LAUGHLIN AND MARTIN, MARCH 26, 2025 REFERRED TO FINANCE, MARCH 26, 2025 AN ACT Amending the act of December 31, 1965 (P.L.1257, No.511), entitled "An act empowering cities of the second class, cities of the second class A, cities of the third class, boroughs, towns, townships of the first class, townships of the second class, school districts of the second class, school districts of the third class and school districts of the fourth class including independent school districts, to levy, assess, collect or to provide for the levying, assessment and collection of certain taxes subject to maximum limitations for general revenue purposes; authorizing the establishment of bureaus and the appointment and compensation of officers, agencies and employes to assess and collect such taxes; providing for joint collection of certain taxes, prescribing certain definitions and other provisions for taxes levied and assessed upon earned income, providing for annual audits and for collection of delinquent taxes, and permitting and requiring penalties to be imposed and enforced, including penalties for disclosure of confidential information, providing an appeal from the ordinance or resolution levying such taxes to the court of quarter sessions and to the Supreme Court and Superior Court," further providing for title of act; providing for local taxes in cities of the first class, for prohibition of tax on certain individuals and for reimbursement of taxes; and making repeals. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. The title of the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, is 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 amended to read: AN ACT Empowering cities of the first class, second class, cities of the second class A, cities of the third class, boroughs, towns, townships of the first class, townships of the second class, school districts of the second class, school districts of the third class and school districts of the fourth class including independent school districts, to levy, assess, collect or to provide for the levying, assessment and collection of certain taxes subject to maximum limitations for general revenue purposes; authorizing the establishment of bureaus and the appointment and compensation of officers, agencies and employes to assess and collect such taxes; providing for joint collection of certain taxes, prescribing certain definitions and other provisions for taxes levied and assessed upon earned income, providing for annual audits and for collection of delinquent taxes, and permitting and requiring penalties to be imposed and enforced, including penalties for disclosure of confidential information, providing an appeal from the ordinance or resolution levying such taxes to the court of quarter sessions and to the Supreme Court and Superior Court. Section 2. The act is amended by adding a chapter to read: CHAPTER 6 LOCAL TAXES IN CITIES OF THE FIRST CLASS Section 601. Authority to levy taxes. (a) Authorization.-- (1) The council of a city of the first class shall have the authority, by ordinance, for general revenue purposes, to levy, assess and collect taxes or provide for the levying, 20250SB0527PN0500 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 assessment and collection of taxes on persons, transactions, occupations, privileges, subjects and personal property within the limits of a city of the first class, as it shall determine, except that the council shall not have the authority to levy, assess and collect a tax or provide for the levying, assessment and collection of a tax on a privilege, transaction, subject or occupation, or on personal property, which is or may become subject to a State tax or license fee. (2) If, subsequent to the passage of an ordinance under the authority of this chapter, the General Assembly enacts a tax or license fee on a privilege, transaction, subject or occupation, or on personal property taxed by a city of the first class under this chapter, the act imposing the State tax or license fee shall automatically vacate the city ordinance passed under the authority of this chapter as to all taxes accruing subsequent to the effective date of the act imposing the State tax or license fee. (3) It is the intention of this section to confer upon cities of the first class the power to levy, assess and collect taxes upon any and all subjects of taxation which the Commonwealth has power to tax but which it does not now tax or license, subject only to this section, that any tax upon a subject which the Commonwealth may tax or license shall automatically terminate upon the effective date of the State act imposing the new tax or license fee. (b) Prohibition of tax on salaries, wages, commissions or other compensation on certain individuals.-- (1) A city of the first class may not impose a tax on salaries, wages, commissions or other compensation on a 20250SB0527PN0500 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 nonresident individual who is employed by an employer whose place of business is located in a city of the first class and performs all employment duties or services outside of the city of the first class. (2) If a nonresident individual performs a portion of the individual's employment duties or services outside of the city of the first class, the city of the first class may only impose a tax on salaries, wages, commissions or other compensation on that portion of salaries, wages, commissions or other compensation attributable to duties performed by the individual within the city of the first class. (3) For purposes of this subsection, an employment duty or service is deemed to be performed where the employee is physically located, notwithstanding any electronic device, computer network or other technology that connects the employee to a person or premises located in a city of the first class. (c) Duties.-- (1) The State Treasurer or other appropriate State official shall, at the time of payment of the salary, wage or other compensation to an officer or employee of the Commonwealth, with the exception of elected officials, domiciled or rendering services within a city of the first class, deduct any tax imposed by the city on the salary, wage or other compensation paid by the Commonwealth to the officer or employee. (2) The State Treasurer or other appropriate State official shall, on or before the last day of April, July, October and January of each year, make a return on a form furnished by or obtainable from the revenue commissioner of 20250SB0527PN0500 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 the city and remit to the revenue commissioner the amount of tax so deducted for the three-month period ending on the last day of the month preceding. Section 602. Creation of offices necessary for the collection of taxes. A city of the first class is authorized to provide, by ordinance, for the creation of bureaus or the appointment and compensation of officers, clerks, collectors and other assistants and employees, either under existing departments or otherwise, as may be deemed necessary for the assessment and collection of taxes imposed under the authority of this chapter. Section 603. Penalties and enforcement of nonpayment of taxes. The council of a city of the first class shall have the power to prescribe and enforce penalties for the nonpayment, within the time fixed for their payment, of taxes imposed under the authority of this chapter and for the violation of the provisions of ordinances passed under the authority of this chapter. Section 604. Reimbursement. (a) Applicability.--Notwithstanding any other provision of law or this act, this section shall only apply to a taxpayer who is a resident of this Commonwealth and not a resident of a city of the first class but who is subject to the tax on salaries, wages, commissions or other compensation imposed by a city of the first class under this chapter. (b) Employer duty.--Each employer of a taxpayer shall report on or before the last day of April, July, October and January of each year to a city of the first class all of the following: (1) The amount of tax on salaries, wages, commissions or other compensation under subsection (a) imposed by the school 20250SB0527PN0500 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 district in which the taxpayer resides. (2) The amount of tax on salaries, wages, commissions or other compensation under subsection (a) imposed by the municipality in which the taxpayer resides. (c) School districts.-- (1) Notwithstanding any other provision of law or this act, for tax years beginning after December 31, 2025, payment of a tax on salaries, wages, commissions or other compensation to a city of the first class shall be credited by the school district of the taxpayer's residence at an amount no greater than the tax on salaries, wages, commissions or other compensation imposed by the school district in which the taxpayer resides. (2) In order to facilitate the prompt implementation of this section, the Department of Education shall, in consultation with the Department of Community and Economic Development, promulgate temporary regulations to calculate the amount equal to the aggregate amount of the tax credited under paragraph (1) which is due to each school district qualifying under this subsection. The temporary regulations shall expire no later than two years following the publication of the temporary regulations. The temporary regulations shall not be subject to: (i) Section 612 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (ii) Sections 201, 202, 203, 204 and 205 of the act of July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth Documents Law. (iii) Sections 204(b) and 301(10) of the act of 20250SB0527PN0500 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act. (iv) The act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (3) The Department of Education shall certify the amount calculated pursuant to the regulations under paragraph (2) to the city of the first class. The amount certified shall, within 30 days of receipt of the certification, be paid by the city of the first class to the school district of residence of each taxpayer. (d) Municipalities.-- (1) Notwithstanding any other provision of law or this act, for tax years beginning after December 31, 2025, payment of a tax on salaries, wages, commissions or other compensation to a city of the first class shall be credited by the municipality of the taxpayer's residence at an amount no greater than the tax on salaries, wages, commissions or other compensation imposed by the municipality in which the taxpayer resides. (2) In order to facilitate the prompt implementation of this section, the Department of Community and Economic Development shall, in consultation with the Department of Education, promulgate temporary regulations to calculate the amount equal to the aggregate amount of the tax credited under paragraph (1) which is due to each municipality qualifying under this subsection. The temporary regulations shall expire no later than two years following the publication of the temporary regulations. The temporary regulations shall not be subject to: (i) Section 612 of The Administrative Code of 1929. 20250SB0527PN0500 - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 (ii) Sections 201, 202, 203, 204 and 205 of the Commonwealth Documents Law. (iii) Sections 204(b) and 301(10) of the Commonwealth Attorneys Act. (iv) The Regulatory Review Act. (3) The Department of Community and Economic Development shall certify the amount calculated pursuant to the regulations under paragraph (2) to the city of the first class. The amount certified shall, within 30 days of receipt of the certification, be paid by the city of the first class to the municipality of residence of each taxpayer. Section 3. Repeals are as follows: (1) The General Assembly declares that the repeal under paragraph (2) is necessary to effectuate the addition of Chapter 6 of the act. (2) The act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act, is repealed. (3) The General Assembly declares that the repeal under paragraph (4) is necessary to effectuate the addition of Chapter 6 of the act. (4) Section 324 of the act of June 27, 2006 (1st Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, is repealed. Section 4. The addition of Chapter 6 of the act is a continuation of the act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act . The following apply: (1) Except as otherwise provided in Chapter 6 of the act, all activities initiated under the Sterling Act shall continue and remain in full force and effect and may be completed under Chapter 6 of the act. Orders, regulations, 20250SB0527PN0500 - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 rules and decisions which were made under the Sterling Act and which are in effect on the effective date of section 3(2) of this act shall remain in full force and effect until revoked, vacated or modified under Chapter 6 of the act. Contracts, obligations and collective bargaining agreements entered into under the Sterling Act are not affected nor impaired by the repeal of the Sterling Act. (2) Except as provided in paragraph (3), any difference in language between Chapter 6 of the act and the Sterling Act is intended only to conform to the style of the act and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of the Sterling Act. (3) Paragraph (2) does not apply to the addition of section 601(b) or 604 of the act. Section 5. A reference in statute or regulation to the act of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the Sterling Act, shall be deemed a reference to Chapter 6 of the act. Section 6. This act shall take effect as follows: (1) This section shall take effect immediately. (2) The remainder of this act shall take effect in 180 days or January 1, 2026, whichever is later. 20250SB0527PN0500 - 9 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23