PRIOR PRINTER'S NO. 2662                      PRINTER'S NO. 3216

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1969 Session of 1985


        INTRODUCED BY MARKOSEK, MAYERNIK, ROBBINS, PRESSMANN, LEVDANSKY,
           COWELL, DeLUCA, BOWLEY, BELFANTI AND LIVENGOOD,
           DECEMBER 10, 1985

        AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
           APRIL 9, 1986

                                     AN ACT

     1  Amending the act of June 21, 1963 (P.L.174, No.104), entitled,
     2     as amended, "An act granting and regulating exemption from
     3     payment of real estate taxes by war veterans in need thereof
     4     who are blind, paraplegic, have suffered the loss of two or
     5     more limbs as a result of military service or have a one
     6     hundred per cent permanent disability; imposing duties on the
     7     State Veterans' Commission; and prohibiting the sale of
     8     certain real estate for taxes after grant of an exemption,"
     9     extending the real property tax exemption to the unmarried
    10     surviving spouse of a deceased qualifying veteran.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2 THE TITLE of the act of June 21, 1963    <--
    14  (P.L.174, No.104), entitled, as amended, "An act granting and
    15  regulating exemption from payment of real estate taxes by war
    16  veterans in need thereof who are blind, paraplegic, have
    17  suffered the loss of two or more limbs as a result of military
    18  service or have a one hundred per cent permanent disability;
    19  imposing duties on the State Veterans' Commission; and
    20  prohibiting the sale of certain real estate for taxes after
    21  grant of an exemption," amended March 17, 1978 (P.L.21, No.11),

     1  is amended to read:
     2                               AN ACT                               <--
     3  AMENDING THE ACT OF JUNE 21, 1963 (P.L.174, NO.104), ENTITLED,
     4     AS AMENDED, "AN ACT GRANTING AND REGULATING EXEMPTION FROM
     5     PAYMENT OF REAL ESTATE TAXES BY WAR VETERANS IN NEED THEREOF
     6     WHO ARE BLIND, PARAPLEGIC, HAVE SUFFERED THE LOSS OF TWO OR
     7     MORE LIMBS AS A RESULT OF MILITARY SERVICE OR HAVE A ONE
     8     HUNDRED PER CENT PERMANENT DISABILITY OR BY A QUALIFYING
     9     VETERAN'S SURVIVING SPOUSE WHO IS IN NEED THEREOF; IMPOSING
    10     DUTIES ON THE STATE VETERANS' COMMISSION; AND PROHIBITING THE
    11     SALE OF CERTAIN REAL ESTATE FOR TAXES AFTER GRANT OF AN
    12     EXEMPTION.
    13     SECTION 2.  SECTION 2 OF THE ACT, AMENDED MARCH 17, 1978
    14  (P.L.21, NO.11), IS AMENDED TO READ:
    15     Section 2.  (a)  Any citizen or resident of this Commonwealth
    16  shall be exempt from the payment of all real estate taxes levied
    17  upon any building, including the land upon which it stands,
    18  occupied by him or her as his or her principal dwelling, if (i)
    19  he or she has been honorably discharged or released under
    20  honorable circumstances from the armed forces of the United
    21  States for service in any war or armed conflict in which this
    22  Nation was engaged, (ii) as a result of such military service he
    23  or she is blind or paraplegic or has sustained the loss of two
    24  or more limbs, or has a service-connected disability declared by
    25  the United States Veterans' Administration or its successors to
    26  be a total or one hundred per cent permanent disability, (iii)
    27  such dwelling is owned by [him] the veteran solely or as an
    28  estate by the entirety, and (iv) the need for the exemption from
    29  the payment of real estate taxes has been determined by the
    30  State Veterans' Commission.
    19850H1969B3216                  - 2 -

     1     (b)  When the conditions specified by clauses (i), (ii) and
     2  (iii) of subsection (a) OR BY SUBSECTION (C) of this section      <--
     3  shall be determined to exist by the board for the assessment and
     4  revision of taxes, or by a similar board for the assessment of
     5  taxes, and upon the receipt by such board of a certification of
     6  need for the tax exemption from the State Veterans' Commission,
     7  the board shall grant the tax exemption prescribed by subsection
     8  (a) of this section. Notification of the granting of the tax
     9  exemption by such board shall be forwarded to the person who has
    10  received the exemption from the payment of real estate taxes and
    11  to the tax levying bodies and tax collectors of all political
    12  subdivisions imposing taxes upon the dwelling of the person
    13  granted the exemption from payment of real estate taxes.
    14     (c)  The exemption privilege provided under this section
    15  shall be extended to the unmarried surviving spouse of a
    16  qualifying veteran upon the death of the veteran if the State
    17  Veterans' Commission determines (i) that, before the veteran's
    18  death, the veteran was eligible for an exemption under the
    19  conditions set forth in subsection (a), and (ii) that the
    20  surviving spouse of the veteran is in need of the exemption. The  <--
    21  commission shall notify the local board of assessment and the
    22  qualifying surviving spouse that the exemption has been
    23  extended. THIS EXEMPTION SHALL TERMINATE UPON THE REMARRIAGE OF   <--
    24  THE SURVIVING SPOUSE.
    25     Section 2 3.  This act shall be retroactive to January 1,      <--
    26  1986, if enacted after that date.
    27     Section 3 4.  This act shall take effect January 1, 1986, or   <--
    28  immediately, whichever is later.


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