Bill Text: PA HB1313 | 2009-2010 | Regular Session | Introduced

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Bill Title: Imposing limitations on political subdivisions relating to the increase of real property taxes.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2009-04-21 - Referred to FINANCE [HB1313 Detail]

Download: Pennsylvania-2009-HB1313-Introduced.html

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PRINTER'S NO. 1564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1313 Session of2009
INTRODUCED BY METCALFE, CREIGHTON, GOODMAN, HARRIS, HUTCHINSON, MENSCH, PYLE, RAPP, ROAE, ROCK, ROHRER AND SCAVELLO, APRIL 21, 2009
REFERRED TO COMMITTEE ON FINANCE, APRIL 21, 2009
AN ACT
Imposing limitations on political subdivisions relating to the
increase of real property taxes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Real Property
Tax Limitation Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Real property tax increase." An increase in real property
taxes resulting from a millage increase, modification in the
predetermined ratio or countywide reassessment.
Section 3. Limitations on taxation by political subdivisions.
(a) General rule.--On and after January 1, 2010, no
political subdivision shall have any authority to authorize a
real property tax increase unless the political subdivision
first obtains the approval of a majority of the electors of that
political subdivision in a referendum held immediately preceding
any legislative action to authorize the real property tax
increase. The referendum shall be governed by the act of June 3,
1937 (P.L.1333, No.320), known as the Pennsylvania Election
Code.
(b) Referendum exception.--
(1) No referendum shall be required under subsection (a)
if:
(i) there is an immediate threat of serious physical
harm or injury to the students, staff or residents of the
school district or the residents of any other political
subdivision; and
(ii) the court of common pleas in the judicial
district in which the school district or the political
subdivision is located approves the referendum exception.
(2) The court shall determine the appropriate duration
of the tax imposition or increase and may retain continuing
jurisdiction. The court may, on its own motion or on petition
of an interested party, revoke approval for or order
rescission of a tax increase imposed under this section.
(c) Standing.--A person shall have standing as a party to a
proceeding under this section as long as the person resides
within or pays earned income taxes to the taxing jurisdiction of
the school district or political subdivision instituting the
action.
Section 4. Effective date.
This act shall take effect immediately.
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