PRIOR PRINTER'S NOS. 31, 80 PRINTER'S NO. 394
No. 42 Session of 1991
INTRODUCED BY LLOYD, MERRY, NOYE, E. Z. TAYLOR, TRELLO, BILLOW,
GIGLIOTTI, HALUSKA, BELFANTI, D. R. WRIGHT, CARLSON, HERMAN,
ITKIN, COY, JOHNSON, PESCI, PRESTON, COLAIZZO, JAMES, KASUNIC
AND BROUJOS, JANUARY 15, 1991
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
FEBRUARY 12, 1991
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," providing for refunds.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 602(a) of the act of May 21, 1943
26 (P.L.571, No.254), known as The Fourth to Eighth Class County
1 Assessment Law, amended December 13, 1982 (P.L.1173, No.270), is
2 amended to read:
3 Section 602. Valuation of Persons and Property.--(a) It
4 shall be the duty of the chief assessor to rate and value all
5 subjects and objects of local taxation, whether for county,
6 township, town, school (except in cities), county institution
7 district, poor or borough purposes, according to the actual
8 value thereof, and in the case of subjects and objects of local
9 taxation other than real property at such rates and prices for
10 which the same would separately bona fide sell. After there has
11 been established and completed for the entire county the
12 permanent system of records consisting of tax maps, property
13 record cards and property owners' index, as required by section
14 three hundred six of the act herein amended, real property shall
15 be assessed at a value based upon an established predetermined
16 ratio, of which proper notice shall be given, not exceeding
17 [seventy-five per centum (75%)] one hundred per centum (100%) of
18 actual value. Such ratio shall be established and determined by
19 the board of county commissioners. In arriving at actual value
20 the county may utilize the current market value or it may adopt
21 a base year market value. In arriving at such value, the price
22 at which any property may actually have been sold either in the
23 base year or in the current taxable year shall be considered,
24 but shall not be controlling. Instead, such selling price
25 estimated or actual shall be subject to revision by increase or
26 decrease to accomplish equalization with other similar property
27 within the county. In arriving at the actual value, all three
28 methods, namely, cost (reproduction or replacement, as
29 applicable, less depreciation and all forms of obsolescence),
30 comparable sales and income approaches, must be considered in
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1 conjunction with one another. After the completion of the
2 permanent system of records for the county, when valuing real
3 property, the chief assessor shall also take into consideration
4 the actual value of such property as indicated by the use of the
5 permanent system of records, cost charts and land values applied
6 on the basis of zones and districts as well as the general
7 adherence to the established predetermined ratio.
8 * * *
9 Section 2. Section 702(d.1) of the act, added October 11,
10 1984 (P.L.896, No.176), is amended to read:
11 Section 702. Appeal Hearings.--* * *
12 (d.1) Persons who have suffered catastrophic losses to their
13 property shall have the right to appeal before the county board
14 of assessment appeals within the remainder of the county fiscal
15 year in which the catastrophic loss occurred, or within six
16 months of the date on which the catastrophic loss occurred,
17 whichever time period is longer. The duty of the county board of
18 assessment appeals shall be to reassess the value of the
19 property in the following manner: the value of the property
20 before the catastrophic loss, based on the percentage of the
21 taxable year for which the property stood at its former value,
22 shall be added to the value of the property after the
23 catastrophic loss, based on the percentage of the taxable year
24 for which the property stood at its reduced value. Any property
25 improvements made subsequent to the catastrophic loss in the
26 same tax year shall not be included in the reassessment
27 described in this subsection for that tax year. Any adjustments
28 in assessment under this subsection shall be reflected by the <--
29 appropriate taxing authorities in the form of a credit for the
30 succeeding tax year or in the form of a refund, as ordered by
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1 the board.: <--
2 (1) SHALL BE REFLECTED BY THE APPROPRIATE TAXING AUTHORITIES
3 IN THE FORM OF A CREDIT FOR THE SUCCEEDING TAX YEAR; OR
4 (2) UPON APPLICATION BY THE PROPERTY OWNER TO THE
5 APPROPRIATE TAXING AUTHORITIES, SHALL RESULT IN A REFUND BEING
6 PAID TO THE PROPERTY OWNER AT THE TIME OF ISSUANCE OF THE TAX
7 NOTICE FOR THE NEXT SUCCEEDING TAX YEAR BY THE RESPECTIVE TAXING
8 AUTHORITIES. As used in this section, "catastrophic loss" means
9 any loss due to mine subsidence, fire, flood or other natural
10 disaster which affects the physical state of the real property
11 and which exceeds fifty per centum (50%) of the market value of
12 the real property prior to the loss.
13 * * *
14 Section 3. This act shall take effect in 60 days.
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