PRIOR PRINTER'S NO. 1395
PRINTER'S NO. 1694
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1006
Session of
2017
INTRODUCED BY EICHELBERGER, BLAKE, McGARRIGLE, HUTCHINSON AND
SCHWANK, DECEMBER 28, 2017
SENATOR EICHELBERGER, LOCAL GOVERNMENT, AS AMENDED,
APRIL 24, 2018
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in consolidated county assessment,
further providing for abstracts of building and demolition
permits to be forwarded to the county assessment office.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8861 of Title 53 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 8861. [Abstracts of building and demolition permits to be
forwarded] Submission of permit and substantial
improvement information to the county assessment
office and civil penalty.
(a) Permit.--Every municipality, third-party agency or the
Department of Labor and Industry responsible for the issuance of
building permits OR DEMOLITION PERMITS shall forward a copy of
each [building] permit to the county assessment office on or
before the first day of every month. In addition to any charge
otherwise permitted by law, a municipality, a third-party agency
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or the Department of Labor and Industry may charge an additional
fee of $10 to each person to whom a permit is issued for
administrative costs incurred in compliance with this section.
The assessment office may provide for the electronic submission
of permits and may establish the format for the submission of
permit information. The provision of building permits or permit
information to the assessment office as required by this section
shall not be subject to the procedures of the act of February
14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. No
agency, public official or public employee shall be liable for
civil or criminal damages or penalties for complying with this
section.
(a.1) Noncompliance.--If the county assessment office has
reason to believe that there is noncompliance with subsection
(a), the assessment office shall provide written notice to the
municipality and, if applicable, a third-party agency, or to the
Department of Labor and Industry in the case of noncompliance by
the Department of Labor and Industry. Upon receipt of the
notice, the municipality and third-party agency or Department of
Labor and Industry shall investigate and consult with the
assessment office and take any steps the recipient deems
necessary to remediate the noncompliance. If, after
consultation, noncompliance with subsection (a) continues, the
assessment office may:
(1) In the case of noncompliance after notice by a
municipality or the Department of Labor and Industry,
institute an action in mandamus before the court of common
pleas to compel compliance with subsection (a). Should the
court determine that the noncompliance is intentional, the
court shall award party costs, disbursements, reasonable
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attorney fees and witness fees relating to the action to the
assessment office.
(2) In the case of noncompliance after notice by a
third-party agency, file a complaint with the Department of
Labor and Industry. Intentional noncompliance with subsection
(a) shall constitute just cause for corrective action by the
Department of Labor and Industry. The assessment office
shall, along with the complaint or as directed by the
Department of Labor and Industry, provide the Department of
Labor and Industry with documentation of the notice required
by this section and any other evidence related to the
intentional noncompliance.
(b) Substantial improvement.--If a person makes improvements
to any real property, other than painting of or normal regular
repairs to a building, aggregating more than $2,500 in value and
a building permit is not required for the improvements, the
property owner shall furnish the following information to the
board:
(1) the name and address of the person owning the
property;
(2) a description of the improvements made or to be made
to the property; and
(3) the dollar value of the improvements.
(b.1) County improvement certification form.--The county
commissioners may, by ordinance, require that all persons making
substantial improvements to property as set forth in subsection
(b) submit to the county assessment office a county improvement
certification form setting forth the information in subsection
(b) prior to beginning any substantial improvement, regardless
of whether a building permit is required. The county may provide
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for the electronic submission of the form and a fee no greater
than $5. The county may cooperate with a municipality, third-
party agency or the Department of Labor and Industry in the
distribution of forms.
(c) [Penalty.--Any person that intentionally fails to comply
with the provisions of subsection (b) or intentionally falsifies
the information provided, shall, upon conviction in a summary
proceeding, be sentenced to pay a fine of not more than $50.]
Civil penalty.--
(1) The board may assess a civil penalty of not more
than $100 upon a person for intentionally failing to comply
with the provisions of subsection (b) or an ordinance enacted
in accordance with subsection (b.1) or intentionally
falsifying the information required.
(2) If a civil penalty is assessed against a person
under paragraph (1), the board must notify the person by
certified mail of the nature of the violation and the amount
of the civil penalty and that the person may notify the board
in writing within 10 calendar days that the person wishes to
contest the civil penalty. If, within 10 calendar days from
the receipt of that notification, the person does not notify
the county board for assessment appeals of intent to contest
the assessed penalty, the civil penalty shall become final.
(3) If timely notification of the intent to contest the
civil penalty is given, the person contesting the civil
penalty shall be provided with a hearing in accordance with 2
Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure
of local agencies) and 7 Subch. B (relating to judicial
review of local agency action).
(d) Existing provisions preserved.--Nothing in this section
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shall supersede or preempt any ordinance, resolution or other
requirement of a county to submit information on substantial
improvements in effect on the effective date of this subsection.
Section 2. This act shall take effect in 60 days.
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