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                                                      PRINTER'S NO. 2355

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1817 Session of 2001


        INTRODUCED BY ROBERTS, CAPPELLI, LAUGHLIN, PALLONE, SOLOBAY,
           TIGUE, J. WILLIAMS, YOUNGBLOOD AND TRELLO, JUNE 21, 2001

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 21, 2001

                                     AN ACT

     1  Amending the act of May 21, 1943 (P.L.571, No.254), entitled, as
     2     amended, "An act relating to assessment for taxation in
     3     counties of the fourth, fifth, sixth, seventh and eighth
     4     classes; designating the subjects, property and persons
     5     subject to and exempt from taxation for county, borough,
     6     town, township, school, except in cities and county
     7     institution district purposes; and providing for and
     8     regulating the assessment and valuation thereof for such
     9     purposes; creating in each such county a board for the
    10     assessment and revision of taxes; defining the powers and
    11     duties of such boards; providing for the acceptance of this
    12     act by cities; regulating the office of ward, borough, town
    13     and township assessors; abolishing the office of assistant
    14     triennial assessor in townships of the first class; providing
    15     for the appointment of a chief assessor, assistant assessors
    16     and other employes; providing for their compensation payable
    17     by such counties; prescribing certain duties of and certain
    18     fees to be collected by the recorder of deeds and municipal
    19     officers who issue building permits; imposing duties on
    20     taxables making improvements on land and grantees of land;
    21     prescribing penalties; and eliminating the triennial
    22     assessment," authorizing a reassessment transition credit.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  The act of May 21, 1943 (P.L.571, No.254), known
    26  as The Fourth to Eighth Class County Assessment Law, is amended
    27  by adding an article to read:
    28                            Article VI-A

     1                   REASSESSMENT TRANSITION CREDIT
     2     Section 601-A.  Definitions.--The following words and phrases
     3  when used in this article shall be construed to have the
     4  following meaning:
     5     "Adjusted base year tax" shall mean one hundred twenty five
     6  per centum (125%) of the base year tax.
     7     "Base year tax" shall mean the tax levied by the political
     8  subdivision on the principal residence of a qualified owner-
     9  occupant in the base year.
    10     "Base year" shall mean the year immediately prior to
    11  reassessment year one.
    12     "Federal poverty threshold" shall mean the poverty threshold
    13  based on family size as determined by the United States Census
    14  Bureau.
    15     "Household income" shall have the same meaning as set forth
    16  in the act of March 11, 1971 (P.L.104, No.3), known as the
    17  "Senior Citizens Rebate and Assistance Act."
    18     "Owner-occupant" shall mean a person who owns and occupies
    19  the same dwelling as a principal residence and domicile.
    20     "Principal residence" shall mean the dwelling place of a
    21  natural person, including the principal house and lot, and such
    22  lots as are used in connection therewith which contribute to its
    23  enjoyment, comfort and convenience.
    24     "Qualified owner-occupant" shall mean an owner-occupant who,
    25  together with a spouse, has household income not exceeding one
    26  hundred fifty per centum (150%) of the Federal poverty threshold
    27  and who has filed an annual application as specified under
    28  section 1902-A.
    29     "Reassessment transition credit" shall mean the credit
    30  calculated under this article.
    20010H1817B2355                  - 2 -

     1     "Reassessment year one" shall mean the first year in which a
     2  political subdivision levies taxes under the new values
     3  resulting from a county-wide revision of assessment of real
     4  property.
     5     "Reassessment year two" shall mean the second year in which a
     6  political subdivision levies taxes under the new values
     7  resulting from a county-wide revision of assessment of real
     8  property.
     9     "Reassessment year three" shall mean the third year in which
    10  a political subdivision levies taxes under the new values
    11  resulting from a county-wide revision of assessment of real
    12  property.
    13     "Reassessment year four" shall mean the fourth year in which
    14  a political subdivision levies taxes under the new values
    15  resulting from a county-wide revision of assessment of real
    16  property.
    17     "Reassessment year five" shall mean the fifth year in which a
    18  political subdivision levies taxes under the new values
    19  resulting from a county-wide revision of assessment of real
    20  property.
    21     "Reassessment year six" shall mean the sixth year in which a
    22  political subdivision levies taxes under the new values
    23  resulting from a county-wide revision of assessment of real
    24  property.
    25     "Reassessment year seven" shall mean the seventh year in
    26  which a political subdivision levies taxes under the new values
    27  resulting from a county-wide revision of assessment of real
    28  property.
    29     "Reassessment year eight" shall mean the eighth year in which
    30  a political subdivision levies taxes under the new values
    20010H1817B2355                  - 3 -

     1  resulting from a county-wide revision of assessment of real
     2  property.
     3     "Reassessment year nine" shall mean the ninth year in which a
     4  political subdivision levies taxes under the new values
     5  resulting from a county-wide revision of assessment of real
     6  property.
     7     "Reassessment year ten" shall mean the tenth year in which a
     8  political subdivision levies taxes under the new values
     9  resulting from a county-wide revision of assessment of real
    10  property.
    11     "Transition amount" shall mean the property taxes levied
    12  without regard to the reassessment transition credit reduced by
    13  the adjusted base year taxes. The transition amount shall not be
    14  less than zero.
    15     "Transition credit factor" shall mean the decimal stated for
    16  the following years:
    17                Year                       Transition Credit
    18                                                Factor
    19                Reassessment year one              1.0
    20                Reassessment year two              0.9
    21                Reassessment year three            0.8
    22                Reassessment year four             0.7
    23                Reassessment year five             0.6
    24                Reassessment year six              0.5
    25                Reassessment year seven            0.4
    26                Reassessment year eight            0.3
    27                Reassessment year nine             0.2
    28                Reassessment year ten              0.1
    29     "Transition period" shall mean reassessment year one through
    30  and including reassessment year ten.
    20010H1817B2355                  - 4 -

     1     Section 602-A.  Reassessment Transition Credit.--(a)  The
     2  county commissioners of a county and the governing body of a
     3  political subdivision within a county shall have the power
     4  during the transition period to provide, by ordinance or
     5  resolution, for a reassessment transition credit to qualified
     6  owner-occupants as provided in this article.
     7     (b)  The county or political subdivision providing for a
     8  reassessment transition credit shall require an annual
     9  application from each owner-occupant containing such information
    10  and proof of income as required by the county or political
    11  subdivision for the administration of the program. The county or
    12  political subdivision shall provide the application forms and
    13  specify the deadlines for applications.
    14     (c)  The county commissioners of a county and the governing
    15  bodies of political subdivisions within a county shall have the
    16  authority to establish a joint application process to determine
    17  eligibility for the reassessment transition credit.
    18     Section 603-A.  Conditions for Reassessment Transition
    19  Credit.--(a)  A reassessment transition credit granted pursuant
    20  to this article shall be limited to real property that meets all
    21  of the following conditions:
    22     (1)  The property is owned and occupied by a qualified owner-
    23  occupant.
    24     (2)  The property is the principal residence and domicile of
    25  the qualified owner-occupant.
    26     (3)  The real estate taxes on the property are not
    27  delinquent.
    28     (b)  The age of the qualified owner-occupant shall not be a
    29  determinant of eligibility.
    30     Section 604-A.  Calculation and Application of the
    20010H1817B2355                  - 5 -

     1  Reassessment Transition Credit.--(a)  The reassessment
     2  transition credit for the principal residence of the qualified
     3  owner-occupant shall be equal to the product of the transition
     4  credit factor and the transition amount.
     5     (b)  A county or political subdivision shall cause the credit
     6  calculated under this section to be applied against the real
     7  estate tax levied on the principal residence of the qualified
     8  owner-occupant.
     9     Section 605-A.  Applicability.--This article shall apply to
    10  real estate taxes levied during the transition period after a
    11  county-wide revision of assessment of real property that is
    12  completed prior to December 31, 2001.
    13     Section 2.  This act shall take effect immediately.












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