Bill Text: PA HB2196 | 2009-2010 | Regular Session | Introduced

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Bill Title: Eliminating the Board of Appeals in the Department of Revenue; providing for the employees of the Board of Appeals and for the Board of Finance and Revenue; and making necessary appeals.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2010-01-07 - Referred to FINANCE [HB2196 Detail]

Download: Pennsylvania-2009-HB2196-Introduced.html

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PRINTER'S NO. 3063
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2196 Session of2010
INTRODUCED BY BARBIN, GERBER, LEVDANSKY, DERMODY, DeLUCA, MURPHY, READSHAW, McGEEHAN, HORNAMAN, KORTZ, SAINATO, SEIP, KOTIK, SOLOBAY, BURNS, MATZIE, D. COSTA, GIBBONS, CARROLL, GOODMAN, HALUSKA, MAHONEY, LENTZ AND DePASQUALE, JANUARY 7, 2010
REFERRED TO COMMITTEE ON FINANCE, JANUARY 7, 2010
AN ACT
Eliminating the Board of Appeals in the Department of Revenue;
providing for the employees of the Board of Appeals and for
the Board of Finance and Revenue; and making necessary
appeals.
The General Assembly of the Commonwealth of Pennsylvania
finds and declares as follows:
The purpose of this act is to eliminate the Board of Appeals
in the Department of Revenue, thereby streamlining the tax
appeals process and reducing the time and cost for tax appeals
in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Board of Appeals in the Department of Revenue.
The Board of Appeals in the Department of Revenue shall be
abolished. All petitions, appeals and other matters previously
filed with the Board of Appeals shall be filed with the Board of
Finance and Revenue in the Treasury Department.
Section 2. Board of Finance and Revenue.
(a) Reduction.--The Board of Finance shall be reduced from
six members to three. The board shall consist of the following
three members:
(1) Treasurer.
(2) Auditor General.
(3) Governor's appointment from General Counsel.
(b) Quorum.--Two members shall constitute a quorum.
Section 3. Employees.
(a) Hearing examiners.--All hearing examiners from the Board
of Appeals shall be transferred to the Board of Finance and
Revenue.
(b) Initial transfer.--All employees of the Board of Appeals
shall be initially transferred to the Tax Amnesty Program. Every
effort shall be made to place an employee in a substantially
similar job in the Tax Amnesty Program as the employee held in
the Board of Appeals.
(c) Subsequent transfer.--After the end of the Tax Amnesty
Program, all employees transferred under subsection (a) shall be
transferred to other substantially similar jobs under the
Department of Revenue to any extent possible.
(d) Retention of status.--All employees transferred under
subsections (a) and (b) shall retain the following:
(1) Any civil service employment status assigned to
them.
(2) Any accrued sick or annual leave time.
Section 4. Repeals.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 5. Applicability.
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An appeal that is pending on the effective date of this act
shall be transferred to the Board of Finance and Revenue for a
decision. There shall be no penalty to either party arising from
the transfer.
Section 6. Effective date.
This act shall take effect in 90 days.
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