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PRINTER'S NO. 2807
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2002
Session of
2019
INTRODUCED BY KAUFER, BERNSTINE, HEFFLEY, JAMES, JOZWIAK, MOUL,
PICKETT, PYLE, RYAN, SCHMITT, TOOHIL, WHEELAND AND ZIMMERMAN,
OCTOBER 29, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 29, 2019
AN ACT
Repealing the act of May 11, 1921 (P.L.479, No.225), entitled
"An act imposing a State tax on anthracite coal; providing
for the assessment and collection thereof; and providing
penalties for the violation of this act."
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 11, 1921 (P.L.479, No.225),
entitled "An act imposing a State tax on anthracite coal;
providing for the assessment and collection thereof; and
providing penalties for the violation of this act," is repealed:
[AN ACT
Imposing a State tax on anthracite coal; providing for the
assessment and collection thereof; and providing penalties
for the violation of this act.
Section 1. Be it enacted, &c., That from and after the
passage of this act, each and every ton of anthracite coal, of
the weight of two thousand two hundred and forty (2,240) pounds
avoirdupois, mined, washed, screened, or otherwise prepared for
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market in this Commonwealth, shall be made subject to a tax of
one and one-half per centum (1 1/2), to the thirty-first day of
May, one thousand nine hundred twenty-nine, one per centum (1)
for the period beginning on the first day of June, one thousand
nine hundred twenty-nine, and ending on the thirty-first day of
May, one thousand nine hundred thirty, and one-half (1/2) of one
per centum for the period beginning on the first day of June,
one thousand nine hundred thirty, and ending on the thirty-first
day of May, one thousand nine hundred thirty-one, of the value
thereof when prepared for market, which said tax shall be
assessed at the time when said coal has been mined, washed or
screened, and is ready for shipment or market. After the thirty-
first day of May, one thousand nine hundred thirty-one, no tax
shall be assessed on anthracite coal under the provisions of
this act, saving to the Commonwealth, however, the right to
collect thereafter all taxes imposed or due and owing under the
provisions of this act.
Section 2. It shall be the duty of the individual, or the
superintendent or other officer, in charge of any mine or mines,
or washery, or operation, to assess the tax hereby imposed, from
time to time, as the coal is mined, washed, or screened, and is
ready for shipment or market, and to ascertain and assess daily
the number of gross tons of coal so mined, washed, or screened,
and to fix the value thereof. The said individual,
superintendent, or other officer in charge of any such mine or
mines, washery or screening operation, shall annually, on or
before the first day of February for the calendar year next
preceding, a report in writing, under oath, to the Auditor
General, on forms prescribed and furnished by him, stating
specifically the number of gross tons of coal hereby made
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taxable, and the assessed value thereof during the calendar year
covered by the report, and the amount of tax assessed thereon:
Provided, That the report made on or before the fifteenth day of
January, one thousand nine hundred and twenty-two, shall be for
the portion of the year one thousand nine hundred and twenty-one
remaining after this act becomes effective.
If the Auditor General and State Treasurer, or either of
them, is not satisfied with the assessment and estimate of
valuation so made and returned as aforesaid, they are hereby
authorized and empowered to make an assessment and valuation
based upon the facts contained in the report herein required or
upon any information within their possession or that shall come
into their possession, and to settle an account on the
assessment and valuation so made by them for the taxes,
penalties, and interest due the Commonwealth therein, with right
to the person, corporation, company, owner, or operator,
dissatisfied with any settlement so made against him, it, or
them, to appeal therefrom in the manner now provided by law. For
the purpose of making such assessment and settlement, said
officers may require the production of such books, papers, and
reports as may be necessary to enable them to assess and settle
the tax. In the event of the failure, neglect, or refusal of the
individual, superintendent, or other officer in charge of any
mine, mines, washery, or screening operation to make the report
and valuation to the Auditor General as hereinbefore provided,
on or before the first day of February in each and every year,
it shall be the duty of the Auditor General to estimate an
assessment and valuation of the coal prepared for market by any
person, firm, corporation, owner, or operator, as aforesaid, and
settle an account for taxes, penalty, and interest thereon, from
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which settlement there shall be no right of appeal.
Every person, firm, corporation, and every other owner,
operator, or lessee of any mine, mines, washery, or screening
operation, from which a report is required under the provisions
of this act, shall pay into the treasury of the Commonwealth the
amount of the tax herein imposed, within sixty days from the
date of settlement of the account by the Auditor General and
State Treasurer, plus a penalty of ten per centum for every
failure to assess said tax and to make report as required by
this act. When any tax is settled, it shall bear interest, from
sixty days after approval by the State Treasurer, at the rate of
one per centum per month until paid. If any individual,
superintendent, or other officer of any firm, corporation,
limited partnership, or joint stock association, or any other
owner, partner, or lessee of any mine, mines, washery, or
screening operation, shall neglect or refuse to furnish the
Auditor General, on or before the fifteenth day of January of
each and every year, with the assessment and report as
aforesaid, as required by law, or cause the same to be done, or
make or cause to be made any false report, it shall be the duty
of the accounting officers of the Commonwealth to add ten per
centum to said tax for each and every year for which assessment
and report were not so furnished, which percentage shall be
settled and collected with the said tax in the usual manner of
settling accounts and collecting such taxes. The Auditor General
may, upon application made before the first day of February in
each and every year, and upon proper cause shown, extend the
time of filing returns for a period of not exceeding fifteen
days from the first day of February of the year in which the
same are required to be filed.
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If said persons or officers, or any of them, shall
intentionally make or cause to be made any false assessment and
report, or intentionally neglect or refuse to furnish the
Auditor General with the assessment and report as required by
law, he or they shall be guilty of a misdemeanor, and, on
conviction thereof, shall be sentenced to pay a fine of five
hundred dollars ($500.00), and undergo imprisonment not
exceeding one year, or both or either, at the discretion of the
court.
Section 3. The provisions of this act shall be independent
of each other; and, if any of its provisions shall be held to be
unconstitutional, the decision of the court shall not affect or
impair any of the remaining provisions of this act, nor prevent
the collection of the tax imposed by this act. It is hereby
declared as a legislative intent that this act would have been
adopted had such unconstitutional provision not been included
therein.]
Section 2. This act shall take effect in 60 days.
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