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                                                      PRINTER'S NO. 3492

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2428 Session of 2006


        INTRODUCED BY D. EVANS, BLACKWELL, JOSEPHS, MYERS, PARKER,
           ROEBUCK, THOMAS AND YOUNGBLOOD, FEBRUARY 2, 2006

        REFERRED TO COMMITTEE ON URBAN AFFAIRS, FEBRUARY 2, 2006

                                     AN ACT

     1  Amending the act of June 27, 1939 (P.L.1199, No.404), entitled
     2     "An act relating to the assessment of real and personal
     3     property and other subjects of taxation in counties of the
     4     first class; providing for the appointment of members of the
     5     board of revision of taxes by the judges of the courts of
     6     common pleas; providing for the appointment, by the board, of
     7     personal property assessors, real estate assessors and
     8     assistant real estate assessors, clerks and other employes;
     9     fixing the salaries of members of the board, assessors and
    10     assistant assessors, and providing for the payment of
    11     salaries and expenses from the county treasury; prescribing
    12     the powers and duties of the board and of the assessors, the
    13     time and manner of making assessments, of the revision and
    14     notice of assessments and of appeals therefrom; prescribing
    15     the records of assessments; and repealing existing laws,"
    16     further providing for assessments.

    17     The General Assembly of the Commonwealth of Pennsylvania
    18  hereby enacts as follows:
    19     Section 1.  Section 8 of the act of June 27, 1939 (P.L.1199,
    20  No.404), entitled "An act relating to the assessment of real and
    21  personal property and other subjects of taxation in counties of
    22  the first class; providing for the appointment of members of the
    23  board of revision of taxes by the judges of the courts of common
    24  pleas; providing for the appointment, by the board, of personal


     1  property assessors, real estate assessors and assistant real
     2  estate assessors, clerks and other employes; fixing the salaries
     3  of members of the board, assessors and assistant assessors, and
     4  providing for the payment of salaries and expenses from the
     5  county treasury; prescribing the powers and duties of the board
     6  and of the assessors, the time and manner of making assessments,
     7  of the revision and notice of assessments and of appeals
     8  therefrom; prescribing the records of assessments; and repealing
     9  existing laws," is amended to read:
    10     Section 8.  Upon the date fixed for receiving the returns of
    11  the assessors, the board shall proceed to examine the returns
    12  and inquire whether the same have been made in conformity with
    13  the laws of this Commonwealth, and whether all property has been
    14  valued as provided in this act, and may revise, alter and amend
    15  the valuations by raising or lowering the valuations either in
    16  individual cases or by districts, shall rectify all errors and
    17  make valuations where they have been omitted. The board shall
    18  complete its revision of the assessments on or before the third
    19  Monday of September of each year. The assessments made by the
    20  assessors, as revised and supplemented by the board, subject to
    21  appeal therefrom as hereinafter in this act provided, shall
    22  constitute the assessed value for tax purposes of real property
    23  located in the county for the next ensuing calendar year. Until
    24  January 1, 2008, the following apply to assessments:
    25     (1)  The council of a city of the first class may, by
    26  ordinance, establish an annual limit on the percentage increase
    27  in the assessed value of each parcel of real property within
    28  such city from the immediate prior year. If such an ordinance is
    29  enacted, council must choose a single assessment limitation for
    30  the two-year period that is not less than four percent or more
    20060H2428B3492                  - 2 -     

     1  than ten percent applied uniformly to each parcel of real
     2  property. Notwithstanding any other law, ordinance or charter
     3  provision to the contrary, the ordinances authorized under this
     4  section may be made immediately effective and applicable to real
     5  property taxes due in the fiscal year in which such ordinances
     6  are enacted.
     7     (2)  After enactment of an ordinance authorized under
     8  paragraph (1), the board shall return an assessed value for each
     9  parcel of real property that is equal to the lesser of the
    10  current assessed value without the limitation imposed by the
    11  fixed percentage or the assessed value as limited by the fixed
    12  percentage increase.
    13     (3)  The assessment limitation authorized under this section
    14  shall not apply to:
    15     (i)  Any increased assessment occurring because of new
    16  construction, an improvement to the affected real property or an
    17  open market sale of the real property.
    18     (ii)  Any tax on the use or occupancy of real estate.
    19     (4)  The provisions of this section shall be applicable to
    20  assessments returned by the board of revision of taxes during
    21  calendar year 2005 for tax year 2006 and during calendar year
    22  2006 for tax year 2007.
    23     Section 2.  This act shall take effect immediately.





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