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2015 Resolutions

Act 111 Resolution

RESOLVED, that PSATS seek legislation to create a Bi-Partisan Oversight Committee to review the awards by Arbitrators in Collective Bargaining Arbitrations to consider their appropriateness, especially in the context of the ability of a municipal body’s ability to pay such awards.

Explanation of Need for Resolution:

Act 111 stipulates that “The Board of arbitration shall be composed of three persons, one appointed by the public employer, one appointed by the body of policemen or firemen involved, and a third member to be agreed upon by the public employer and such policemen or firemen.”  In most cases, the third member is then selected through process from a list of three members furnished by the American Arbitration Association (AAA).

According to the AAA’s website, one of the qualifications for a position of arbitrator includes the “[t]horough and impartial evaluation of testimony and other evidence.”  We believe neutral arbitrators are currently unsuccessful in fulfilling this stated qualification and thus need a Bi-Partisan Oversight Committee to ensure binding awards reflect a municipal body’s ability to fund said awards.

Status: Passed at 2015 PSATS Conference

Act 537 Resolution

Resolved, that PSATS sponsor and actively support legislation mandating that the legislature budget sufficient funds to reimburse Townships for 50% of the costs incurred during the previous 5 years to prepare or update their Sewage Facilities Plans (Act 537 Plans) as mandated by the Pa. Department of Environmental Protection (“DEP”) and that it budget sufficient funds to pay 50% of the costs that are incurred by Townships in 2015 and subsequent years to prepare such plans when mandated by DEP.

Explanation of Need for Resolution:

Years ago the legislature recognized the importance of sewage planning for public health, safety and welfare.  It passed a law that said municipalities had to do it.  It offered to pay 50% of the costs to create plans, presumably to provide an incentive for municipalities to act.  It hasn’t put enough money in the pot for several years.  We’re merely suggesting the legislature do what it said it would do. 

Status: Passed at 2015 PSATS Conference

Act 600 Resolution

Resolved, that PSATS support legislation that would amend Act 600 and/or the Second Class Township Code to allow for a defined contribution pension plan for new officers.

Explanation of Need for Resolution:

Act 600 requires that if a municipality has a police department with three or more full time officers, and it provides those officers with a pension plan; it must be a defined benefit plan. Having the ability to provide a defined contribution plan would help municipalities control pension.

Status: Passed at 2015 PSATS Conference

Late Fee on Unpaid Sewer Resolution

Resolved, that PSATS support legislation that would amend the Second Class Township Code and the Municipal Claim and Tax Lien Law to allow municipalities to impose a late fee and/or penalty interest rate on unpaid sewer, water or refuse bills 45 days after the billing date.

Explanation of Need for Resolution:

Currently, a municipality must wait 90 days before it can impose a penalty or late fee. This causes problems for municipalities that invoice for these services quarterly.

Status: Passed at 2015 PSATS Conference

Noxious Weed Control Resolution

Resolved, that PSATS support the legislation that would amend the Noxious Weed Control Law to add bamboo species: Bambuseae, Phyllostachys and Pseudosasa, including Common Bamboo, Golden Bamboo and Arrow Bamboo to the Noxious Weed Control List.

Explanation of Need for Resolution:

Bamboo is a problem for many municipalities and having it added to the list will give municipalities another tool in their fight to control it.

Status: Passed at 2015 PSATS Conference

Philadelphia Tax Credit Resolution

Resolved, that PSATS seek legislation to amend the Sterling Act (Act 45 of 19) and amend DCED policy to adopt the Apportionment procedure for calculating the Philadelphia Tax Credit: wherein any TCC, TCC Tax Appeals Board, and the TCC‐appointed Tax Collector shall honor credits for wage tax paid to Philadelphia to the extent such credits are accurately calculated using Apportionment; and, the Philadelphia Tax Credit shall not be used to reduce or eliminate EIT owed to any school district or municipality in a TCD on income that is not earned within Philadelphia; and, no credit against EIT owed to any school district or municipality in a TCD shall be allowed by any TCC, TCC Tax Appeals Board, or the TCC‐appointed Tax Collector to the extent such credit is claimed based on the Super Credit procedure.

Explanation of Need for Resolution:

The Super Credit is a loophole that allows certain taxpayers to earn income outside of Philadelphia without having to pay any local tax on the income.  The Super Credit is inconsistent with the PA Constitution, the Act 32 uniform system of EIT collection, relevant court decisions, and other legal authorities.

Because the Super Credit is unfair and unlawful, allowing it would result in the needless loss of school and municipal EIT revenue and would unfairly spread the tax burden among other taxpayers who do not receive any “Super Credits” or other special treatment.

Status: Passed at 2015 PSATS Conference

Realty Tax Transfers Resolution

Resolved, that PSATS support legislation exempting from the payment of realty transfer tax transfers to the United States, the Commonwealth, or any of their instrumentalities, agencies or political subdivisions for conservation easements having as their purpose the preservation of open space or agriculture.

Explanation of Need for Resolution:

There is a glitch in the Realty Transfer Law that does not specifically state transfers of conservation easements directly to local governments or even to Counties are exempt.  The Pa. Department of Revenue recently assessed a Township over $6,000.00 in transfer taxes based on this omission.  The proposed amendment has been introduced as SB556.

Status: Passed at 2015 PSATS Conference

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