Regular Session 2019-2020 House Bill 1034 P.N. 2746

SENATE AMENDED

PRIOR PRINTER'S NO. 1206

PRINTER'S NO. 2746

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1034

Session of

2019

INTRODUCED BY EVERETT, JAMES, MOUL, FREEMAN, SAPPEY AND KORTZ,

APRIL 5, 2019

SENATOR MARTIN, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,

OCTOBER 22, 2019

AN ACT

Amending Title 53 (Municipalities Generally) of the Pennsylvania

Consolidated Statutes, in consolidated county assessment,

further providing for definitions, for changes in assessed

valuation and for abstracts of building and demolition

permits to be forwarded to the county assessment office.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 8802 of Title 53 of the Pennsylvania

Consolidated Statutes is amended by adding a definition to read:

§ 8802. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Normal regular repairs." As follows:

(1) The term shall include:

(i) The repair or replacement of materials or

components of property features for the purpose of

maintenance.

(ii) The replacement of existing property features

with new versions reasonably similar in function,

quality, material and dimension.

(2) As used in this definition, the term "property

features" includes, but is not limited to, roofing, siding,

flooring, heating and air conditioning systems and windows.

* * *

Section 2. Sections 8817(a) and 8861 of Title 53 are amended

to read:

§ 8817. Changes in assessed valuation.

(a) General rule.--In addition to other authorization

provided in this chapter, the assessors may change the assessed

valuation on real property when a parcel of land is subdivided

into smaller parcels or when improvements are made to real

property or existing improvements are removed from real property

or are destroyed. The recording of a subdivision plan shall not

constitute grounds for assessment increases until lots are sold

or improvements are installed. The painting of a building or the

normal regular repairs to a building [aggregating $2,500 or less

in value annually] shall not be deemed cause for a change in

valuation by the assessors under the authority of this section.

* * *

§ 8861. [Abstracts of building and demolition permits to be

forwarded] Submission of permit and substantial

improvement information to the county assessment

office and civil penalty.

(a) Permit.--Every municipality, third-party agency or the

Department of Labor and Industry responsible for the issuance of

building permits or demolition permits shall forward a copy of

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each [building] permit to the county assessment office on or

before the first day of every month. In addition to any charge

otherwise permitted by law, a municipality, a third-party agency

or the Department of Labor and Industry may charge an additional

fee of $10 to each person to whom a permit is issued for

administrative costs incurred in compliance with this section.

The assessment office may provide for the electronic submission

of permits and may establish the format for the submission of

permit information. A PERMIT THROUGH ELECTRONIC MAIL OR ANY

OTHER MEANS OF ELECTRONIC TRANSMISSION OR UPLOADING OF THE

PERMIT IN ITS EXISTING FORM. The provision of permits or permit

information to the assessment office as required by this section

shall not be subject to the procedures of the act of February

14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. No

agency, public official or public employee shall be liable for

civil or criminal damages or penalties for complying with this

section.

(a.1) Noncompliance.--If the county assessment office has

(A.1) NONCOMPLIANCE.--

(1) IF THE COUNTY ASSESSMENT OFFICE HAS reason to

believe that there is noncompliance with subsection (a), the

assessment office shall provide written notice to the

municipality and, if applicable, a third-party agency, or to

the Department of Labor and Industry in the case of

noncompliance by the Department of Labor and Industry. Upon

receipt of the notice, the municipality, third-party agency

or Department of Labor and Industry shall investigate and

consult with the assessment office and take any steps the

municipality, third- party agency or Department of Labor and

Industry deems necessary to remediate the noncompliance. If,

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after consultation, TO REMEDIATE THE NONCOMPLIANCE.

(2) IF, AFTER CONSULTATION, noncompliance with

subsection (a) continues, the assessment office may :

(1) In , IN the case of continuing noncompliance after

notice by a municipality or the Department of Labor and

Industry THIRD-PARTY AGENCY , institute an action in mandamus

before the court of common pleas to compel compliance with

subsection (a). Should the court determine that the

noncompliance is intentional, the court shall award any

costs, disbursements, reasonable attorney fees and witness

fees relating to the action to the assessment office.

(2) In the case of continuing noncompliance after notice

by a third-party agency, file a complaint with the Department

of Labor and Industry. Intentional noncompliance with

subsection (a) shall constitute just cause for corrective

action by the Department of Labor and Industry. The

assessment office shall, along with the complaint or as

directed by the Department of Labor and Industry, provide the

Department of Labor and Industry with documentation of the

notice required by this section and any other evidence

related to the intentional noncompliance.

(b) Substantial improvement.--If a person makes improvements

to any real property, other than painting of or normal regular

repairs to a building, aggregating more than [$2,500] $4,000 in

value and a building permit is not required for the

improvements, the property owner shall furnish the following

information to the board:

(1) the name and address of the person owning the

property;

(2) a description of the improvements made or to be made

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to the property; and

(3) the dollar value of the improvements.

(b.1) County improvement certification form.--The county

commissioners may, by ordinance, require that all persons making

substantial improvements to property as set forth in subsection

(b) submit to the county assessment office a county improvement

certification form setting forth the information in subsection

(b) prior to beginning any substantial improvement, regardless

of whether a building permit is required. The county may provide

for the electronic submission of the form and a fee no greater

than $5. The county may cooperate with a municipality, third-

party agency or the Department of Labor and Industry in the

distribution of forms.

with the provisions of subsection (b) or intentionally falsifies

the information provided, shall, upon conviction in a summary

proceeding, be sentenced to pay a fine of not more than $50.]

Civil penalty.--

(1) The board may assess a civil penalty of not more

than $100 upon a person for intentionally failing to comply

with the provisions of subsection (b) or an ordinance enacted

in accordance with subsection (b.1) or intentionally

falsifying the information required.

(2) If a civil penalty is assessed against a person

under paragraph (1), the board must notify the person by

certified mail of the nature of the violation and the amount

of the civil penalty and that the person may notify the board

in writing within 10 calendar days that the person wishes to

contest the civil penalty. If, within 10 calendar days from

the receipt of that notification, the person does not notify

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the county board of assessment of the person's intent to

contest the assessed penalty, the civil penalty shall become

final.

(3) If timely notification of the intent to contest the

civil penalty is given, the person contesting the civil

penalty shall be provided with a hearing in accordance with 2

Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure

of local agencies) and 7 Subch. B (relating to judicial

review of local agency action).

(d) Existing provisions preserved.--Nothing in this section

shall supersede or preempt any ordinance, resolution or other

requirement of a county to submit information on substantial

improvements in effect on the effective date of this subsection.

(e) Substantial improvement value.--Beginning January 1 of

the year immediately following the effective date of this

subsection and each January 1 thereafter, the amount set forth

in subsection (b) shall be increased by the percentage change in

the Consumer Price Index for All Urban Consumers (CPI-U) for the

Pennsylvania, New Jersey, Delaware and Maryland area, for the

most recent 12-month period that figures have been officially

reported by the United States Department of Labor, Bureau of

Labor Statistics immediately prior to the date the adjustment is

due to take effect. The chief assessor shall maintain an

accurate record of the adjusted amount applicable for each year.

Section 3. This act shall take effect in 60 days.

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