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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 2691

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1948 Session of 2005


        INTRODUCED BY GERGELY, KOTIK, BEBKO-JONES, CALTAGIRONE, CASORIO,
           DALEY, DeLUCA, DIVEN, FABRIZIO, GOODMAN, GRUCELA, HARHAI,
           HARRIS, HUTCHINSON, McCALL, PALLONE, PETRARCA, PETRONE,
           PISTELLA, READSHAW, REED, ROBERTS, SANTONI, SCAVELLO,
           SIPTROTH, SHANER, SOLOBAY, T. STEVENSON, SURRA, TIGUE, WILT
           AND YUDICHAK, SEPTEMBER 26, 2005

        REFERRED TO COMMITTEE ON FINANCE, SEPTEMBER 26, 2005

                               A JOINT RESOLUTION

     1  Proposing integrated amendments to the Constitution of the
     2     Commonwealth of Pennsylvania, further providing for
     3     uniformity of taxation.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby resolves as follows:
     6     Section 1.  The rising cost of public education and of
     7  providing local government services has resulted in dramatic
     8  increases in local taxes over the past decade. In attempting to
     9  meet their financial needs, the Commonwealth's local governments
    10  and school districts have placed a disproportionate reliance on
    11  the levying and collection of residential property taxes.
    12     Since 1994 real property taxes have risen at the school
    13  district level alone in excess of $1,500,000,000. Not
    14  surprisingly, the increases in real property taxes imposed by
    15  school districts for purposes of funding public education, and
    16  by local governments for purposes of providing services, have

     1  placed a significant financial burden on homeowners throughout
     2  this Commonwealth.
     3     Under the current property tax system, senior citizens and
     4  others face the very real possibility that increases in property
     5  tax millage rates will force them to sell their homes because of
     6  their inability to pay property taxes.
     7     In addition, the specter of high property taxes makes it
     8  difficult, if not impossible, for newlyweds, young families and
     9  other young people to purchase a first home.
    10     It is imperative that the citizens of this Commonwealth have
    11  quality schools that provide quality educations and that their
    12  local governments are able to properly fund and provide
    13  necessary services.
    14     However, it is also imperative that these areas are funded
    15  through a tax system that does not rely on the taxation of
    16  residential real estate.
    17     The Commonwealth clearly is currently in the midst of a
    18  property tax crisis that needs to be addressed immediately and
    19  definitively. The continued vitality of this Commonwealth and
    20  the safety and welfare of its citizens requires the expedited
    21  amendment of the Constitution using the procedure set forth in
    22  section 1(a) and (b) of Article XI.
    23     Section 2.  The following integrated amendments to the
    24  Constitution of Pennsylvania are proposed in accordance with
    25  section 1(a) and (b) of Article XI:
    26     (1)  That section 1 of Article VIII be amended to read:
    27  § 1.  Uniformity of taxation.
    28     [All] (a)  Except as provided in subsection (b), all taxes
    29  shall be uniform, upon the same class of subjects, within the
    30  territorial limits of the authority levying the tax, and shall
    20050H1948B2691                  - 2 -     

     1  be levied and collected under general laws.
     2     (b)  Any political subdivision levying a tax on real property
     3  shall be prohibited from levying the tax on homestead property.
     4     (2)  That section 2 of Article VIII be amended to read:
     5  § 2.  Exemptions and special provisions.
     6     * * *
     7     (b)  The General Assembly may, by law:
     8     * * *
     9     [(vi)  Authorize local taxing authorities to exclude from
    10  taxation an amount based on the assessed value of homestead
    11  property. The exclusions authorized by this clause shall not
    12  exceed one-half of the median assessed value of all homestead
    13  property within a local taxing jurisdiction. A local taxing
    14  authority may not increase the millage rate of its tax on real
    15  property to pay for these exclusions.]
    16     * * *
    17     Section 3.  These proposed amendments shall be submitted by
    18  the Secretary of the Commonwealth to the qualified electors of
    19  the State as a single ballot question at the next municipal
    20  election after the advertising requirements of section 1(a) of
    21  Article XI of the Constitution of Pennsylvania have been
    22  satisfied.






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