PRINTER'S NO. 1582

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1399 Session of 1981


        INTRODUCED BY DAWIDA, WAMBACH, J. L. WRIGHT, CALTAGIRONE,
           BELFANTI, HORGOS, SEVENTY, PRATT, TRELLO, BLAUM, TELEK AND
           HALUSKA, MAY 11, 1981

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MAY 11, 1981

                                     AN ACT

     1  Amending the act of May 22, 1933 (P.L.853, No.155), entitled "An
     2     act relating to taxation; designating the subjects, property
     3     and persons subject to and exempt from taxation for all local
     4     purposes; providing for and regulating the assessment and
     5     valuation of persons, property and subjects of taxation for
     6     county purposes, and for the use of those municipal and
     7     quasi-municipal corporations which levy their taxes on county
     8     assessments and valuations; amending, revising and
     9     consolidating the law relating thereto; and repealing
    10     existing laws," excluding from assessment for real property
    11     tax purposes certain fire safety devices and systems.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Subsection (a) of section 201, act of May 22,
    15  1933 (P.L.853, No.155), known as "The General County Assessment
    16  Law," amended December 14, 1977 (P.L.276, No.90), is amended to
    17  read:
    18     Section 201.  Subjects of Taxation Enumerated.--The following
    19  subjects and property shall, as hereinafter provided, be valued
    20  and assessed, and subject to taxation for all county, city,
    21  borough, town, township, school and poor purposes at the annual
    22  rate:

     1     (a)  All real estate, to wit: Houses, house trailers and
     2  mobilehomes buildings permanently attached to land or connected
     3  with water, gas, electric or sewage facilities, buildings,
     4  lands, lots of ground and ground rents, trailer parks and
     5  parking lots, mills and manufactories of all kinds, furnaces,
     6  forges, bloomeries, distilleries, sugar houses, malt houses,
     7  breweries, tan yards, fisheries, and ferries, wharves, all
     8  office type construction of whatever kind, that portion of a
     9  steel, lead, aluminum or like melting and continuous casting
    10  structures which enclose, provide shelter or protection from the
    11  elements for the various machinery, tools, appliances,
    12  equipment, materials or products involved in the mill, mine,
    13  manufactory or industrial process, and all other real estate not
    14  exempt by law from taxation. Machinery, tools, appliances and
    15  other equipment contained in any mill, mine, manufactory or
    16  industrial establishment shall not be considered or included as
    17  a part of the real estate in determining the value of such mill,
    18  mine, manufactory or industrial establishment. No office type
    19  construction of whatever kind shall be excluded from taxation
    20  but shall be considered a part of real property subject to
    21  taxation. That portion of a steel, lead, aluminum or like
    22  melting and continuous casting structure which encloses,
    23  provides shelter or protection from the elements for the various
    24  machinery, tools, appliances, equipment, materials or products
    25  involved in the mill, mine, manufactory or industrial process
    26  shall be considered as part of real property subject to
    27  taxation. No silo used predominantly for processing or storage
    28  of animal feed incidental to operation of the farm on which the
    29  silo is located shall be included in determining the value of
    30  real estate used predominantly as a farm: Provided, That for the
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     1  tax or fiscal year beginning on or after the first day of
     2  January, one thousand nine hundred fifty-eight, eighty per
     3  centum of the assessed value of any such machinery, tools,
     4  appliances and other equipment located in counties of the second
     5  class as well as in all cities of the third class, boroughs,
     6  townships, school districts of the second, third and fourth
     7  class, and institutional districts in counties of the second
     8  class, shall be considered and included in determining the value
     9  of such mill, mine, manufactory or industrial establishment:
    10  Provided further, That for the tax or fiscal year beginning on
    11  or after the first day of January, one thousand nine hundred
    12  fifty-nine, sixty per centum of the assessed value of any such
    13  machinery, tools, appliances and other equipment located in said
    14  political subdivisions, shall be considered and included in
    15  determining the value of such mill, mine, manufactory or
    16  industrial establishment: Provided further, That for the tax or
    17  fiscal year beginning on or after the first day of January, one
    18  thousand nine hundred sixty, forty per centum of the assessed
    19  value of any such machinery, tools, appliances and other
    20  equipment located in said political subdivisions, shall be
    21  considered and included in determining the value of such mill,
    22  mine, manufactory or industrial establishment: Provided further,
    23  That for the tax or fiscal year beginning on or after the first
    24  day of January, one thousand nine hundred sixty-one, twenty per
    25  centum of the assessed value of any such machinery, tools,
    26  appliances and other equipment located in said political
    27  subdivisions, shall be considered and included in determining
    28  the value of such mill, mine, manufactory or industrial
    29  establishment: Provided further, That for the tax or fiscal
    30  years beginning on or after the first day of January, one
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     1  thousand nine hundred sixty-two, no portion of the value of any
     2  such machinery, tools, appliances and other equipment regardless
     3  of where located, shall be considered and included in
     4  determining the value of such mill, mine, manufactory or
     5  industrial establishment: Provided further, That nothing
     6  contained in this section of this act shall be construed as an
     7  intent to provide for the valuing and assessing and subjecting
     8  to taxation for purposes of any city of the second class or any
     9  school district of the first class A any such machinery, tools,
    10  appliances and other equipment: And provided further, That such
    11  exclusion of silos used predominantly for processing or storage
    12  of animal feed incidental to operation of the farm on which the
    13  silo is located shall be included in determining the value of
    14  real estate used predominantly as a farm shall become effective
    15  for taxes to be levied for the tax or fiscal year beginning on
    16  or after the first day of January, one thousand nine hundred
    17  seventy-four. No structure, building or house shall be assessed
    18  for real estate taxation purposes upon that portion of the
    19  premises or any improvement thereto which constitute fire safety
    20  devices or systems that have been approved and listed by a
    21  nationally recognized testing laboratory and where the system
    22  conforms to industry design standards that are recognized by the
    23  Department of Labor and Industry.
    24     * * *
    25     Section 2.  This act shall take effect in 60 days and shall
    26  apply to all fire safety devices or systems installed
    27  thereafter.


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