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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 2211, 2501, 2736         PRINTER'S NO. 2792

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1774 Session of 1989


        INTRODUCED BY BATTISTO AND BIRMELIN, JUNE 27, 1989

        AS AMENDED ON THIRD CONSIDERATION, IN SENATE, NOVEMBER 29, 1989

                                     AN ACT

     1  Amending the act of May 21, 1943 (P.L.571, No.254), entitled, as
     2     amended, "An act relating to assessment for taxation in
     3     counties of the fourth, fifth, sixth, seventh and eighth
     4     classes; designating the subjects, property and persons
     5     subject to and exempt from taxation for county, borough,
     6     town, township, school, except in cities and county
     7     institution district purposes; and providing for and
     8     regulating the assessment and valuation thereof for such
     9     purposes; creating in each such county a board for the
    10     assessment and revision of taxes; defining the powers and
    11     duties of such boards; providing for the acceptance of this
    12     act by cities; regulating the office of ward, borough, town
    13     and township assessors; abolishing the office of assistant
    14     triennial assessor in townships of the first class; providing
    15     for the appointment of a chief assessor, assistant assessors
    16     and other employes; providing for their compensation payable
    17     by such counties; prescribing certain duties of and certain
    18     fees to be collected by the recorder of deeds and municipal
    19     officers who issue building permits; imposing duties on
    20     taxables making improvements on land and grantees of land;
    21     prescribing penalties; and eliminating the triennial
    22     assessment," PROHIBITING THE USE OF A COMMON LEVEL RATIO       <--
    23     MULTIPLIER IN DETERMINING PROPERTY VALUE; AND further
    24     providing for appeals from assessments when there has been a
    25     countywide revision of assessments.

    26     The General Assembly of the Commonwealth of Pennsylvania
    27  hereby enacts as follows:
    28     Section 1.  Sections 702 and 704 of the act of May 21, 1943    <--


     1  (P.L.571, No.254), known as The Fourth to Eighth Class County
     2  Assessment Law,
     3     SECTION 1.  THE ACT OF MAY 21, 1943 (P.L.571, NO.254), KNOWN   <--
     4  AS THE FOURTH TO EIGHTH CLASS COUNTY ASSESSMENT LAW, IS AMENDED
     5  BY ADDING A SECTION TO READ:
     6     SECTION 617.2.  USE OF COMMON LEVEL RATIO MULTIPLIER
     7  PROHIBITED.--(A)  NOTWITHSTANDING ANY PROVISION OF THIS ACT OR
     8  ANY OTHER ACT, A COUNTY SHALL NOT USE A COMMON LEVEL RATIO
     9  MULTIPLIER IN DETERMINING THE VALUE OF PROPERTY.
    10     (B)  AS USED IN THIS SECTION, THE TERM "COMMON LEVEL RATIO
    11  MULTIPLIER" SHALL MEAN A STATISTICAL MULTIPLIER DEVELOPED BY USE
    12  OF THE COMMON LEVEL RATIO AS DETERMINED BY THE STATE TAX
    13  EQUALIZATION BOARD IN ANY GIVEN YEAR AND THE BASE YEAR
    14  ASSESSMENTS THAT EXIST.
    15     SECTION 2.  SECTIONS 702 AND 704 OF THE ACT are amended by
    16  adding subsections to read:
    17     SECTION 1.  SECTIONS 702 AND 704 OF THE ACT OF MAY 21, 1943    <--
    18  (P.L.571, NO.254), KNOWN AS THE FOURTH TO EIGHTH CLASS COUNTY
    19  ASSESSMENT LAW, ARE AMENDED BY ADDING SUBSECTIONS TO READ:
    20     Section 702.  Appeal Hearings.--* * *
    21     (c.1)  When a county has effected a countywide revision of
    22  the assessment which was used to develop the common level ratio
    23  last determined by the State Tax Equalization Board, the          <--
    24  following shall apply:
    25     (1)  If a county performs a countywide revision of
    26  assessments by applying a common multiplier to the assessed
    27  values, the board shall apply such multiplier to the county's
    28  common level ratio to establish the certified revised common
    29  level ratio for the year in which the assessment was revised.
    30     (2)  If AND the county performs a countywide revision of THE   <--
    19890H1774B2792                  - 2 -

     1  FOLLOWING SHALL APPLY:
     2     (1)  IF A COUNTY CHANGES ITS ASSESSMENT BASE BY APPLYING A
     3  CHANGE IN PRE-DETERMINED RATIO, THE BOARD SHALL APPLY THE
     4  PERCENTAGE CHANGE BETWEEN THE EXISTING PRE-DETERMINED RATIO AND
     5  NEWLY ESTABLISHED PRE-DETERMINED RATIO TO THE COUNTY'S COMMON
     6  LEVEL RATIO TO ESTABLISH THE CERTIFIED REVISED COMMON LEVEL
     7  RATIO FOR THE YEAR IN WHICH THE ASSESSMENT WAS REVISED.
     8     (2)  IF THE COUNTY PERFORMS A COUNTYWIDE REVISION OF
     9  assessments by revaluing the properties and applying an
    10  established predetermined ratio, the board shall utilize the
    11  established predetermined ratio instead of the common level
    12  ratio for the year in which the assessment was revised and until
    13  such time as the common level ratio determined by the State Tax
    14  Equalization Board reflects the revaluing of properties
    15  resulting from the revision of assessments.
    16     * * *
    17     Section 704.  Appeal to Court from Order of Board; Collection
    18  Pending; Appeal; Payment into Court.--* * *
    19     (c.1)  When a county has effected a countywide revision of
    20  the assessment which was used to develop the common level ratio
    21  last determined by the State Tax Equalization Board, the          <--
    22  following shall apply:
    23     (1)  If a county performs a countywide revision of
    24  assessments by applying a common multiplier to the assessed
    25  values, the court shall apply such multiplier to the county's
    26  common level ratio to establish the certified revised common
    27  level ratio for the year in which the assessment was revised.
    28     (2)  If AND the county performs a countywide revision of THE   <--
    29  FOLLOWING SHALL APPLY:
    30     (1)  IF A COUNTY CHANGES ITS ASSESSMENT BASE BY APPLYING A
    19890H1774B2792                  - 3 -

     1  CHANGE IN PRE-DETERMINED RATIO, THE COURT SHALL APPLY THE
     2  PERCENTAGE CHANGE BETWEEN THE EXISTING PRE-DETERMINED RATIO AND
     3  NEWLY ESTABLISHED PRE-DETERMINED RATIO TO THE COUNTY'S COMMON
     4  LEVEL RATIO TO ESTABLISH THE CERTIFIED REVISED COMMON LEVEL
     5  RATIO FOR THE YEAR IN WHICH THE ASSESSMENT WAS REVISED.
     6     (2)  IF THE COUNTY PERFORMS A COUNTYWIDE REVISION OF
     7  assessments by revaluing the properties and applying an
     8  established predetermined ratio, the court shall utilize the
     9  established predetermined ratio instead of the common level
    10  ratio for the year in which the assessment was revised and until
    11  such time as the common level ratio determined by the State Tax
    12  Equalization Board reflects the revaluing of properties
    13  resulting from the revision of assessments.
    14     * * *
    15     Section 2 3 2.  This act shall be applicable to any            <--
    16  countywide revision of assessments which took effect on or after
    17  January 1, 1988.
    18     Section 3 4 3.  This act shall take effect immediately.        <--








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