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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY COX, BEAR, BENNINGHOFF, BOBACK, BOYD, CREIGHTON, DENLINGER, DePASQUALE, ELLIS, GIBBONS, KAUFFMAN, MELIO, PERRY, ROAE, ROCK, ROHRER, SWANGER, J. TAYLOR AND VEREB, MAY 12, 2009 |
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| REFERRED TO COMMITTEE ON FINANCE, MAY 12, 2009 |
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| A JOINT RESOLUTION |
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1 | Proposing an amendment to the Constitution of the Commonwealth |
2 | of Pennsylvania, abolishing the school property tax on homes |
3 | and farms and limiting the school property tax on commercial |
4 | and recreational properties. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby resolves as follows: |
7 | Section 1. The following amendment to the Constitution of |
8 | Pennsylvania is proposed in accordance with the provisions of |
9 | Article XI: |
10 | That Article VIII be amended by adding a section to read: |
11 | § 18. School property tax. |
12 | (a) The school property tax on homes and farms is hereby |
13 | abolished. No school property tax shall be assessed, levied or |
14 | collected in any amount whatsoever on any home or farm after |
15 | June 30, 2011, or after the effective date of this section, |
16 | whichever is later. |
17 | (b) Except as otherwise provided in this section, the school |
18 | property tax on commercial and recreational properties in a |
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1 | school district may not exceed the millage levied on the |
2 | commercial and recreational properties for the tax year when |
3 | this section takes effect unless the school district assesses, |
4 | levies and collects a lesser percentage of such millage, in |
5 | which case, the percentage must be uniform for all commercial |
6 | and recreational properties. |
7 | (c) This section shall not apply to real property taxes |
8 | levied by counties or municipalities for purposes unrelated to |
9 | education. |
10 | (d) As used in this section, the following words and phrases |
11 | shall have the meanings given to them in this subsection: |
12 | "Commercial or recreational property." Any real property |
13 | other than a home or a farm. |
14 | "Farm." The entire tract of a farm, including the buildings |
15 | and structures, which is used as the domicile of an individual |
16 | who is either the owner or lessee thereof or an immediate family |
17 | member of the individual, which contains at least ten contiguous |
18 | acres and which is primarily used to house, produce and store |
19 | animals raised and farm products produced on that farm for |
20 | purposes of commercial agricultural production. |
21 | "Home." A dwelling, including the entire tract of land on |
22 | which the dwelling is located, which is primarily used as the |
23 | domicile of an individual who is either the owner or lessee |
24 | thereof or an immediate family member of the individual. |
25 | "School property tax." A real property tax that is imposed |
26 | in whole or in part for the purpose of funding public education. |
27 | Section 2. (a) Upon the first passage by the General |
28 | Assembly of this proposed constitutional amendment, the |
29 | Secretary of the Commonwealth shall proceed immediately to |
30 | comply with the advertising requirements of section 1 of Article |
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1 | XI of the Constitution of Pennsylvania and shall transmit the |
2 | required advertisements to two newspapers in every county in |
3 | which such newspapers are published in sufficient time after |
4 | passage of this proposed constitutional amendment. |
5 | (b) Upon the second passage by the General Assembly of this |
6 | proposed constitutional amendment, the Secretary of the |
7 | Commonwealth shall proceed immediately to comply with the |
8 | advertising requirements of section 1 of Article XI of the |
9 | Constitution of Pennsylvania and shall transmit the required |
10 | advertisements to two newspapers in every county in which such |
11 | newspapers are published in sufficient time after passage of |
12 | this proposed constitutional amendment. The Secretary of the |
13 | Commonwealth shall submit this proposed constitutional amendment |
14 | to the qualified electors of this Commonwealth at the first |
15 | primary, general or municipal election which meets the |
16 | requirements of and is in conformance with section 1 of Article |
17 | XI of the Constitution of Pennsylvania and which occurs at least |
18 | three months after the proposed constitutional amendment is |
19 | passed by the General Assembly. |
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