S1298B1864A13213     BIL:SRA  09/24/12     #90        A13213

AMENDMENTS TO SENATE BILL NO. 1298

Sponsor: REPRESENTATIVE GILLEN

Printer's No. 1864

Amend Bill, page 1, line 18, by inserting after "definitions"

, for roll-back taxes and special circumstances

Amend Bill, page 5, by inserting between lines 8 and 9

Section 2.  Section 8(d) of the act, amended December 21,

1998 (P.L.1225, No.156), is amended to read:

Section 8.  Roll-Back Taxes; Special Circumstances.--

* * *

(d)  (1)  A landowner may apply a maximum of two acres of a

tract of land subject to preferential assessment toward direct

commercial sales of agriculturally related products and

activities or for a rural enterprise incidental to the

operational unit without subjecting the entire tract to roll-

back taxes, provided that:

(i)  The commercial activity is owned and operated by the

landowner or his beneficiaries who are designated as class A for

inheritance tax purposes.

(ii)  An assessment of the inventory of the goods involved

verifies that it is owned by the landowner or his beneficiaries.

(iii)  The rural enterprise does not permanently render the

land incapable of producing an agricultural commodity.

(2)  Roll-back taxes shall be imposed upon that portion of

the tract where the commercial activity takes place and the fair

market value of that tract shall be adjusted accordingly.

(3)  Notwithstanding the provisions of paragraph (2), no

roll-back taxes shall be due and no breach of a preferential

assessment shall be deemed to have occurred if the direct

commercial sales of agriculturally related products:

(i) take place on no more than one half of an acre;

(ii) are of at least fifty percent (50%) of products produced

on the tract; and

(iii) require no new utilities or buildings.

* * *

Amend Bill, page 5, line 9, by striking out "2" and inserting

 3

Amend Bill, page 5, line 18, by striking out "3" and

inserting

 4