THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ARGALL, RAFFERTY, WAUGH, BRUBAKER, WARD, ALLOWAY AND WONDERLING, APRIL 24, 2009

REFERRED TO FINANCE, APRIL 24, 2009  

AN ACT

Providing for a nonbinding Statewide referendum on property tax

relief.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Voter Options

for Property Tax Relief Act.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"House proposal."  The three bills proposed by the House of

Representatives to be included in the nonbinding referendum

under section 203.

"Legislative proposal."  The three bills proposed and agreed

upon by the General Assembly to be included in the nonbinding

referendum under section 501.

"Registered elector."  A qualified elector who is registered

to vote under 25 Pa.C.S. § 1102 (relating to definitions).

"Senate proposal."  The three bills proposed by the Senate to

be included in the nonbinding referendum under section 303.

Section 103.  Intent.

This act is intended to create a mechanism for the General

Assembly to provide property tax reform options to registered

electors through a nonbinding Statewide referendum to be

conducted as a part of the 2009 municipal election. The results

of the referendum shall be indicative of the electorate's will

as it relates to the issue of property tax relief.

CHAPTER 2

PROCESS IN THE HOUSE OF REPRESENTATIVES

Section 201.  Introduction date.

A member of the House of Representatives who wishes to

introduce a bill relating to property tax relief to be included

in the House proposal under section 203 for the nonbinding

referendum shall introduce the bill in the House of

Representatives by May 1, 2009.

Section 202.  Fiscal notes.

(a)  Fiscal note required.--A bill introduced by a member of

the House of Representatives under section 201 shall be assigned

a fiscal note from the Department of Revenue. The Department of

Revenue shall work with the majority and minority caucuses of

the Appropriations Committee of the House of Representatives in

assigning the fiscal note.

(b)  Contents.--A fiscal note shall provide all of the

following information:

(1)  The designation of the fund out of which the

appropriation providing for expenditures under the bill shall

be made.

(2)  The probable cost of the bill for the fiscal year of

its enactment.

(3)  The projected cost estimate of the program for each

of the five succeeding fiscal years.

(4)  The probable loss of revenue from the bill for the

fiscal year of its enactment.

(5)  The projected loss of revenue estimate from the bill

for each of the five succeeding fiscal years.

(6)  The line item, if any, of the General Fund, special

fund or other account out of which losses of Commonwealth

funds shall occur as a result of the bill.

Section 203.  Selection of bills.

The three bills introduced under section 201 that receive the

most cosponsors shall be proposed by the House of

Representatives for nonbinding referendum under section 501 and

shall be considered the House proposal.

Section 204.  Notification of proposal.

After the House of Representatives has determined the House

proposal under section 203, the House of Representatives shall

notify the Governor and the Senate of the House proposal by June

1, 2009.

CHAPTER 3

PROCESS IN THE SENATE

Section 301.  Introduction date.

A Senator who wishes to introduce a bill relating to property

tax reform to be included in the Senate proposal under section

303 for the nonbinding referendum shall introduce the bill in

the Senate by May 1, 2009.

Section 302.  Fiscal notes.

(a)  Fiscal note required.--A bill introduced by a Senator

under section 301 shall be assigned a fiscal note from the

Department of Revenue. The Department of Revenue shall work in

conjunction with both the majority and minority caucuses of the

Appropriations Committee of the Senate in assigning the fiscal

note.

(b)  Contents.--A fiscal note shall provide all of the

following information:

(1)  The designation of the fund out of which the

appropriation providing for expenditures under the bill shall

be made.

(2)  The probable cost of the bill for the fiscal year of

its enactment.

(3)  The projected cost estimate of the program for each

of the five succeeding fiscal years.

(4)  The probable loss of revenue from the bill for the

fiscal year of its enactment.

(5)  The projected loss of revenue estimate from the bill

for each of the five succeeding fiscal years.

(6)  The line item, if any, of the General Fund, special

fund or other account out of which losses of Commonwealth

funds shall occur as a result of the bill.

Section 303.  Selection of bills.

The three bills introduced under section 301 that receive the

most cosponsors shall be proposed by the Senate for nonbinding

referendum under section 501 and shall be considered the Senate

proposal.

Section 304.  Notification of proposal.

After the Senate has determined the Senate proposal under

section 303, the Senate shall notify the Governor and the House

of Representatives of the Senate proposal by June 1, 2009.

CHAPTER 4

LEGISLATIVE PROPOSAL

Section 401.  Selection of legislative proposal.

(a)  Legislative proposal.--In the event that the House

proposal and Senate proposal contain the same bills, those bills

shall be the legislative proposal for consideration in the

referendum under section 501.

(b)  Conference committee.--In the event that the House

proposal differs from the Senate proposal, the matter of

selecting the legislative proposal to be included in the

nonbinding referendum shall be resolved through a conference

committee.

(c)  Deadline.--The deadline for determination of the

legislative proposal to be included in the nonbinding referendum

under section 501 shall be no later than June 30, 2009.

CHAPTER 5

STATEWIDE REFERENDUM

Section 501.  General rule.

At the 2009 municipal election, a Statewide nonbinding

referendum shall be conducted for the purpose of considering the

legislative proposal. The election shall be conducted in

accordance with the act of June 3, 1937 (P.L.1333, No.320),

known as the Pennsylvania Election Code.

Section 502.  Notice.

No later than 30 days after the effective date of this

section, the Department of State shall notify the election

officials of each county of the Statewide nonbinding referendum

to be conducted at the 2009 municipal election.

Section 503.  Form of question.

(a)  Generally.--The question on the referendum shall provide

registered electors with the choice of the three bills included

in the legislative proposal to determine the will of the

electorate as to the preferred method to provide property tax

relief. A registered elector may select one bill.

(b)  Question.--The referendum question shall read as

follows:

When the General Assembly considers the issue of property

tax relief, which one of the following options do you

prefer?

(c)  Summary of bills.--For the purposes of the question

under subsection (b), each bill in the legislative proposal

shall include all of the following information:

(1)  Bill number.

(2)  Brief summary of the bill.

(3)  New aggregate Statewide revenue generated.

(4)  New aggregate Statewide property tax eliminated.

Section 504.  Nonlegal interpretive statement.

The Department of State shall draft a nonlegal interpretive

statement that shall accompany the nonbinding referendum

question in accordance with section 201.1 of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code. The department shall also provide election officials of

each county with the information contained in the Pennsylvania

Bulletin as required under section 505.

Section 505.  Certification of results.

The Secretary of the Commonwealth shall certify the results

of the referendum in accordance with the act of June 3, 1937

(P.L.1333, No.320), known as the Pennsylvania Election Code, and

shall transmit notice to the Legislative Reference Bureau for

publication as a notice in the Pennsylvania Bulletin.

CHAPTER 9

MISCELLANEOUS PROVISIONS

Section 901.  Effective date.

This act shall take effect immediately.