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        PRIOR PRINTER'S NO. 688                       PRINTER'S NO. 1627

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 632 Session of 2001


        INTRODUCED BY PETRONE, DERMODY, LAUGHLIN, READSHAW, FICHTER,
           ROBINSON, YOUNGBLOOD, PISTELLA, COSTA, RUFFING, PRESTON,
           PALLONE, MICHLOVIC, CORRIGAN, FRANKEL, HORSEY, DIVEN,
           HENNESSEY, WOJNAROSKI, HARHAI AND ROBERTS, FEBRUARY 12, 2001

        AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, APRIL 23, 2001

                                     AN ACT

     1  Amending the act of June 21, 1939 (P.L.626, No.294), entitled
     2     "An act providing for and regulating the assessment and
     3     valuation of all subjects of taxation in counties of the
     4     second class; creating and prescribing the powers and duties
     5     of a Board of Property Assessment, Appeals and Review;
     6     imposing duties on certain county and city officers;
     7     abolishing the board for the assessment and revision of taxes
     8     in such counties; and prescribing penalties," further
     9     providing for triennial assessments.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12     Section 1.  Section 11 of the act of June 21, 1939 (P.L.626,
    13  No.294), referred to as the Second Class County Assessment Law,
    14  amended December 21, 1988 (P.L.1437, No.175), is amended to
    15  read:
    16     Section 11.  (a)  When the triennial assessments shall be
    17  fixed, either for the whole county or in districts thereof, or
    18  when the established predetermined ratio has been changed within
    19  the county, notice of that fact shall be given, by publication
    20  in at least two newspapers of general circulation in the county,

     1  of the time when appeals will be heard and a copy of the
     2  assessments made in boroughs and townships shall be placed in
     3  some public place in each such borough or township by the
     4  assessor. The board shall adopt rules and regulations governing
     5  the right to and the holding of appeals, and the practice and
     6  procedure thereat. Such rules and regulations shall be
     7  published, together with the notices of triennial assessments as
     8  above provided.
     9     (b)  The board shall provide simple appeal forms which shall
    10  contain simple questions clearly expressed, which will require
    11  answers having a direct bearing on the true value of the
    12  property as of the period for which such assessment was made. No
    13  other type of questions shall be contained thereon.
    14     [In the year one thousand nine hundred forty-three, the board
    15  shall permit appeals to be taken from assessments up to and
    16  including June first, and no later, including all those where
    17  the 1943 taxes have been paid in whole or in part. In
    18  subsequent]
    19     (c)  In the year two thousand one, the board shall permit
    20  appeals to be taken from assessments up to and including June
    21  first, and no later, in any county that has adopted a home rule
    22  charter, notwithstanding any contrary provision contained in any
    23  administrative code or resolution adopted by the county. In
    24  other SUBSEQUENT years, [no appeals may be taken from             <--
    25  assessments of properties after the last day of February of the
    26  year in which the assessment first becomes effective. [All        <--
    27  appeals filed with the board prior to this amendment shall be
    28  valid, if otherwise in accordance with existing law.] THE FINAL   <--
    29  DATE BY WHICH APPEALS MAY BE TAKEN FROM ASSESSMENTS OF
    30  PROPERTIES SHALL BE DETERMINED BY THE GOVERNING BODY OF A COUNTY
    20010H0632B1627                  - 2 -

     1  OF THE SECOND CLASS. At all appeal hearings, the property owner
     2  or [his] the agent appearing for him shall have the right to be
     3  represented by counsel and to be accompanied by witnesses or
     4  assistants.
     5     (d)  If a taxpayer has filed an appeal from an assessment, so
     6  long as the appeal is pending before the board or before a court
     7  on appeal from the determination of the board, as provided by
     8  statute, the appeal will also be taken as an appeal by the
     9  taxpayer on the subject property for any valuation for any
    10  triennial or intertriennial assessment subsequent to the filing
    11  of such appeal with the board and prior to the determination of
    12  the appeal by the board or the court. The board shall hold its
    13  hearings and make its final determination of the subsequent
    14  years in question in the same manner as for the year or years
    15  for which the original appeal was filed. This provision shall be
    16  applicable to all pending appeals as well as future appeals.
    17     (e)  After the hearing of appeals, the board shall take such
    18  action in regard thereto as may be right and proper, and shall,
    19  within ten (10) days thereafter, complete such action and make
    20  their determinations, and immediately give due notice to the
    21  appellant by registered mail.
    22     SECTION 2.  THIS ACT SHALL BE RETROACTIVE TO FEBRUARY 28,      <--
    23  2001.
    24     Section 2 3.  This act shall take effect immediately.          <--




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