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                              PRIOR PASSAGE - NONE
                                                      PRINTER'S NO. 3135

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2199 Session of 2008


        INTRODUCED BY YEWCIC, ROHRER, MAHONEY, BASTIAN, CREIGHTON,
           GABIG, ROAE, COX, QUIGLEY, MANTZ AND SEIP, JANUARY 28, 2008

        REFERRED TO COMMITTEE ON FINANCE, JANUARY 28, 2008

                               A JOINT RESOLUTION

     1  Proposing an amendment to the Constitution of the Commonwealth
     2     of Pennsylvania, abolishing the school property tax on homes
     3     and farms and limiting the school property tax on commercial
     4     and recreational properties.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby resolves as follows:
     7     Section 1.  The following amendment to the Constitution of
     8  Pennsylvania is proposed in accordance with the provisions of
     9  Article XI:
    10     That Article VIII be amended by adding a section to read:
    11  § 18.  School property tax.
    12     (a)  The school property tax on homes and farms is hereby
    13  abolished. No school property tax shall be assessed, levied or
    14  collected in any amount whatsoever on any home or farm after
    15  June 30, 2011, or after the effective date of this section,
    16  whichever is later.
    17     (b)  Except as otherwise provided in this section, the school
    18  property tax on commercial and recreational properties in a

     1  school district may not exceed the millage levied on the
     2  commercial and recreational properties for the tax year when
     3  this section takes effect unless the school district assesses,
     4  levies and collects a lesser percentage of such millage, in
     5  which case, the percentage must be uniform for all commercial
     6  and recreational properties.
     7     (c)  This section shall not apply to real property taxes
     8  levied by counties or municipalities for purposes unrelated to
     9  education.
    10     (d)  As used in this section, the following words and phrases
    11  shall have the meanings given to them in this subsection:
    12     "Commercial or recreational property."  Any real property
    13  other than a home or a farm.
    14     "Farm."  The entire tract of a farm, including the buildings
    15  and structures, which is used as the domicile of the owner
    16  thereof or an immediate family member, which contains at least
    17  ten contiguous acres and which is primarily used to house,
    18  produce and store animals raised and farm products produced on
    19  that farm for purposes of commercial agricultural production.
    20     "Home."  A dwelling, including the entire tract of land on
    21  which the dwelling is located, which is primarily used as the
    22  domicile of an individual who is an owner or immediate family
    23  member of an owner thereof.
    24     "School property tax."  A real property tax that is imposed
    25  in whole or in part for the purpose of funding public education.
    26     Section 2.  (a)  Upon the first passage by the General
    27  Assembly of this proposed constitutional amendment, the
    28  Secretary of the Commonwealth shall proceed immediately to
    29  comply with the advertising requirements of section 1 of Article
    30  XI of the Constitution of Pennsylvania and shall transmit the
    20080H2199B3135                  - 2 -     

     1  required advertisements to two newspapers in every county in
     2  which such newspapers are published in sufficient time after
     3  passage of this proposed constitutional amendment.
     4     (b)  Upon the second passage by the General Assembly of this
     5  proposed constitutional amendment, the Secretary of the
     6  Commonwealth shall proceed immediately to comply with the
     7  advertising requirements of section 1 of Article XI of the
     8  Constitution of Pennsylvania and shall transmit the required
     9  advertisements to two newspapers in every county in which such
    10  newspapers are published in sufficient time after passage of
    11  this proposed constitutional amendment. The Secretary of the
    12  Commonwealth shall submit this proposed constitutional amendment
    13  to the qualified electors of this Commonwealth at the first
    14  primary, general or municipal election which meets the
    15  requirements of and is in conformance with section 1 of Article
    16  XI of the Constitution of Pennsylvania and which occurs at least
    17  three months after the proposed constitutional amendment is
    18  passed by the General Assembly.








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