PHILADELPHIA HOME RULE CHARTER
CHAPTER 9 PHILADELPHIA TAX REFORM COMMISSION
§4-900. Powers and Duties.
(a) Within sixty days after its creation, the
Philadelphia Tax Reform Commission shall convene its first meeting in the City
Council chambers and thereafter the Commission shall meet at least monthly at
such times and at such places as determined by the Commission. Members of the
Advisory Committee shall be provided notice of all meetings of the Commission in
the same manner as notice is provided to members of the Commission, and shall be
permitted to attend all such meetings. The purpose of the Commission is to
conduct a comprehensive analysis of and make recommendations regarding reforms
to the tax structure and all taxes imposed in Philadelphia and the tax structure
of the Commonwealth of Pennsylvania which affects Philadelphia and all counties
in Pennsylvania, including but not limited to the wage tax, the business
privilege tax, the net profits tax, the gross receipts tax, the amusement tax,
the use and occupancy tax, the real property tax, the school income tax, the
real estate transfer tax, the liquor-by-the-drink tax, the parking tax, the
Philadelphia sales tax, the hotel bed tax and any other taxes imposed by the
City and by the School District, as well as real estate tax abatements, tax
increment finance districts, Empowerment Zones, Keystone Opportunity Zones, and
any other programs that use tax abatements or exemptions as economic development
tools. The Commission shall also examine all laws of the Commonwealth of
Pennsylvania that authorize or limit the ability of the City to impose taxes.
The Commission shall analyze each tax to determine why it is imposed, how much
revenue the tax generates, the impact of the tax on businesses or residents and
the Philadelphia economy, whether it may be eliminated or consolidated with
another tax or otherwise simplified, and whether and to what extent the rate of
the tax may be decreased in a fiscally and socially responsible manner. The
Commission shall also compare and contrast the tax structure in Philadelphia to
the tax structures in jurisdictions that have experienced growth in residents
and businesses, using accepted models of economic analysis. The
Commission's work shall be guided by the principle that
Philadelphia's tax structure should enhance and improve
Philadelphia's ability to compete with other jurisdictions in the region
and throughout the nation in attracting new residents, businesses and jobs and
retaining current residents, businesses and jobs. The Commission's work
shall also be guided by the principle of tax fairness and tax equity in
apportioning tax burdens. The Commission shall, subject to the availability of
appropriations, appoint and fix the compensation of an executive director and
such other staff as may be required for the proper conduct of its work (provided
that the appointment of an executive director shall require a vote of two-thirds
of all the members of the Commission), and it shall invite the participation of
any staff or Board members of each of the organizations that appoint members to
either the Commission or the Advisory Committee as set forth in subsections
3-805(d) and (e), as well as utilize any available resources, studies or reports
of any such organization. The Commission may also, subject to the availability
of appropriations, retain as consultants any other organization or individual
with regionally or nationally recognized expertise in local tax policy or
municipal finance. The Commission's Advisory Committee shall provide
technical, economic and public policy advice to the Commission. All
departments, boards, commissions and other City agencies shall cooperate fully
with the Commission in the performance of its duties and responsibilities and
shall provide any and all documents, data, analyses or other information related
to revenues, taxes, or tax policy requested by the Commission, except documents
the nondisclosure of which is legally privileged or which have been prepared for
or by the Law Department for use in actions or proceedings to which the City is
or may be a party, and provided that the Commission shall maintain the
confidentiality of any documents, data, analyses or other related information
upon the written request by any City agency that the material being provided to
the Commission be treated as confidential. The Commission shall hold at least
two public hearings in the Council chambers to receive testimony from the public
concerning tax reform.
(b) On November 15, 2003, the Commission shall
by a vote of two-thirds of all members of the Commission adopt a written report
containing specific recommendations solely related to proposed changes to the
Philadelphia tax structure in order to decrease the overall tax burden of
Philadelphia residents, individuals who work in Philadelphia, and Philadelphia
businesses. The Commission shall also consider recommendations made by the
Advisory Committee in the development of its report. The Commission shall also
make recommendations related to state-wide tax reform, including public
education funding, that will enhance and improve the overall tax structures in
Philadelphia and all other counties in the Commonwealth of Pennsylvania. The
Commission shall not make any recommendations related to any expenditure
reductions, municipal government cost savings, or municipal government service
reductions to offset any potential revenue reductions which may result from the
implementation of any recommendations set forth in the Commission's
report. The Commission shall provide copies of its report to the Mayor, each
member of Council and the Clerk of Council, to each of the Commission's
appointing authorities, and to each member of the Advisory Committee, and the
Commission shall see to it that copies are provided to all public libraries in
the City and that a copy is posted on the City's official Internet site.
The Commission shall also provide copies of its report to the Governor, the
President Pro Tempore of the Senate, the Majority Leader of the Senate, the
Minority Leader of the Senate, the Speaker of the House of Representatives, the
Majority Leader of the House of Representatives, and the Minority Leader of the
House of Representatives. For each recommendation that requires action by the
Council or the General Assembly, the report shall include a proposed ordinance
or bill implementing the recommendation with a fiscal impact statement and an
econometric analysis of the projected revenue change, if any, resulting from
such recommendation. The Commission shall also publish and distribute with its
report any minority report adopted by three or more members of the
Commission.
(c) After issuing its report, the Commission shall
thereafter be reconvened only as directed by a resolution of the Council adopted
by a two-thirds vote of all the members of the Council, provided that the
Commission shall not be reconvened until at least five years have elapsed since
the date the Commission adopted its last report. Within sixty days after
adoption of such a resolution, new members of the Commission and its Advisory
Committee shall be appointed in accordance with the appointment process set
forth in Section 3-805, provided that any former member of the Commission or the
Advisory Committee may be reappointed as a member of the Commission or Advisory
Committee.
(d) Nothing in this Section shall be construed to prevent
any member of Council or the Mayor from proposing, enacting, or approving at any
time any bill relating to taxes or tax reform.
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