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PRINTER'S NO. 2377
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1787
Session of
2019
INTRODUCED BY SAINATO, BARRAR, HARRIS, MURT, YOUNGBLOOD,
MACKENZIE, CALTAGIRONE, JOZWIAK, READSHAW, PETRARCA, DeLUCA,
GALLOWAY, LONGIETTI, T. DAVIS AND ULLMAN, AUGUST 30, 2019
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, AUGUST 30, 2019
A JOINT RESOLUTION
Proposing an amendment to the Constitution of the Commonwealth
of Pennsylvania, in taxation and finance, further providing
for exemptions and special provisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby resolves as follows:
Section 1. The following amendment to the Constitution of
Pennsylvania is proposed in accordance with Article XI:
That section 2(c) of Article VIII be amended to read:
ยง 2. Exemptions and special provisions.
* * *
(c) Citizens and residents of this Commonwealth, who [served
in any war or armed conflict in which the United States was
engaged and were honorably discharged or released under
honorable circumstances from active service,]:
(i) Served as a member of the armed forces of the United
States, including a reserve component or National Guard, and who
were discharged or released from active service under conditions
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other than dishonorable, shall be exempt from the payment of all
real property taxes upon the residence occupied by the said
citizens and residents of this Commonwealth imposed by the
Commonwealth of Pennsylvania or any of its political
subdivisions if, as a result of [military] the member's service,
they are blind, paraplegic or double or quadruple amputees or
have a service-connected disability declared, rated or
compensated by the United States [Veterans Administration]
Department of Veterans Affairs or its successor to be [a total
or] 100% [permanent disability], and if the State Veterans'
Commission determines that such persons are in need of the tax
exemptions [granted herein.] based on the economic circumstances
that exist at the member's place of residence. Compensation
received by the member for an injury due to service as indicated
in this section may not be considered by the State Veterans'
Commission. This exemption shall be extended to the unmarried
surviving spouse upon the death of [an eligible veteran] the
person determined by the State Veterans' Commission to be
eligible provided that the State Veterans' Commission determines
that such person is in need of the exemption. The State
Veteran's Commission shall establish rules, regulations and
guidelines for making determinations of need. The economic
circumstances shall include, but not be limited to, the total
household income, assets and liabilities, and the rules,
regulations and guidelines of the State Veteran's Commission.
(ii) Are the surviving spouse of any member of the armed
forces of the United States, including a reserve component or
National Guard, who was killed in action, who died as a result
of injuries received while in active service or who becomes
missing in action or presumed dead in a written finding, as
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determined by the United States Department of Defense or its
successor, shall be exempt from the payment of all real property
taxes on the surviving spouse's primary place of residence in
this Commonwealth, without any restriction on the spouse's
relocating to another primary place of residence in this
Commonwealth and without any requirement that the spouse reside
in this Commonwealth at the time of death or declaration of
missing in action or presumed dead status of the member of the
armed forces, including a reserve component or National Guard,
provided that the State Veterans' Commission determines that the
surviving spouse is in need of the exemption based on the
economic circumstances that exist at the surviving spouse's
place of residence in this Commonwealth. Compensation received
by the surviving spouse due to the death of the member as
indicated in this section may not be considered by the State
Veterans' Commission. The State Veteran's Commission shall
establish rules, regulations and guidelines for making
determinations of need. The economic circumstances shall
include, but not be limited to, the total household income,
assets and liabilities, and the rules, regulations and
guidelines of the State Veteran's Commission. The exemption
shall cease if the surviving spouse remarries and shall not be
claimed thereafter.
Section 2. (a) Upon the first passage by the General
Assembly of this proposed constitutional amendment, the
Secretary of the Commonwealth shall proceed immediately to
comply with the advertising requirements of section 1 of Article
XI of the Constitution of Pennsylvania and shall transmit the
required advertisements to two newspapers in every county in
which such newspapers are published in sufficient time after
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passage of this proposed constitutional amendment.
(b) Upon the second passage by the General Assembly of this
proposed constitutional amendment, the Secretary of the
Commonwealth shall proceed immediately to comply with the
advertising requirements of section 1 of Article XI of the
Constitution of Pennsylvania and shall transmit the required
advertisements to two newspapers in every county in which such
newspapers are published in sufficient time after passage of
this proposed constitutional amendment. The Secretary of the
Commonwealth shall submit this proposed constitutional amendment
to the qualified electors of this Commonwealth at the first
primary, general or municipal election which meets the
requirements of and is in conformance with section 1 of Article
XI of the Constitution of Pennsylvania and which occurs at least
three months after the proposed constitutional amendment is
passed by the General Assembly.
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