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                                                      PRINTER'S NO. 2299

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1864 Session of 1999


        INTRODUCED BY CHADWICK, MAJOR, ARGALL, BAKER, BATTISTO,
           BELFANTI, CIVERA, M. COHEN, FARGO, FEESE, GEIST, HARHAI,
           HERSHEY, LEH, LUCYK, McCALL, MELIO, READSHAW, ROSS, SHANER,
           S. H. SMITH, SURRA, TRELLO AND TULLI, SEPTEMBER 28, 1999

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 28, 1999

                                     AN ACT

     1  Amending the act of December 21, 1998 (P.L.1225, No.156),
     2     entitled "An act amending the act of December 19, 1974
     3     (P.L.973, No.319), entitled 'An act prescribing the procedure
     4     under which an owner may have land devoted to agricultural
     5     use, agricultural reserve use, or forest reserve use, valued
     6     for tax purposes at the value it has for such uses, and
     7     providing for reassessment and certain interest payments when
     8     such land is applied to other uses and making editorial
     9     changes,' further providing for definitions, for dedicated
    10     agricultural land and for preferential assessment
    11     applications; providing for responsibilities of the
    12     Department of Agriculture; further providing for
    13     responsibilities of county assessors; providing for
    14     penalties; and further providing for division and transfer of
    15     land, for tax jurisdiction, for tax determination upon
    16     abandonment, for appeals and for regulations," further
    17     providing for administration; and providing for delayed
    18     implementation.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  Section 12 of the act of December 21, 1998
    22  (P.L.1225, No.156), entitled "An act amending the act of
    23  December 19, 1974 (P.L.973, No.319), entitled 'An act
    24  prescribing the procedure under which an owner may have land
    25  devoted to agricultural use, agricultural reserve use, or forest

     1  reserve use, valued for tax purposes at the value it has for
     2  such uses, and providing for reassessment and certain interest
     3  payments when such land is applied to other uses and making
     4  editorial changes,' further providing for definitions, for
     5  dedicated agricultural land and for preferential assessment
     6  applications; providing for responsibilities of the Department
     7  of Agriculture; further providing for responsibilities of county
     8  assessors; providing for penalties; and further providing for
     9  division and transfer of land, for tax jurisdiction, for tax
    10  determination upon abandonment, for appeals and for
    11  regulations," is amended to read:
    12     Section 12.  (a)  Within 180 days of the effective date of
    13  this act, the Department of Agriculture shall promulgate interim
    14  regulations to provide to the county assessors guidelines and
    15  standardized worksheets for use in implementing the provisions
    16  of this act. The guidelines and worksheets shall include a
    17  detailed delineation of the procedures to be followed in
    18  implementing this act and the methods to be used in establishing
    19  use values as required by this act. The interim regulations
    20  shall not be subject to review under:
    21         (1)  section 205 of the act of July 31, 1968 (P.L.769,
    22     No.240), referred to as the Commonwealth Documents Law;
    23         (2)  section 204(b) of the act of October 15, 1980
    24     (P.L.950, No.164), known as the Commonwealth Attorneys Act;
    25     or
    26         (3)  the act of June 25, 1982 (P.L.633, No.181), known as
    27     the Regulatory Review Act.
    28     (b)  Interim regulations under subsection (a) shall expire
    29  April 30, [2001] 2002, and shall be replaced by regulations
    30  which are promulgated as provided by law.
    19990H1864B2299                  - 2 -

     1     Section 2.  The act is amended by adding a section to read:
     2     Section 12.1.  By ordinance, a county may delay
     3  implementation of this act until the first taxable year of the
     4  appropriate taxing authority which begins after December 31,
     5  2000.
     6     Section 3.  This act shall apply retroactively to December
     7  21, 1998.
     8     Section 4.  This act shall take effect immediately.















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