Bill Text: PA HB536 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Amending the act of January 19, 1968 (1967 P.L.992, No.442), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania and the local government units thereof to preserve, acquire or hold land for open space uses," further providing for definitions and for local taxing options.

Spectrum: Moderate Partisan Bill (Republican 20-3)

Status: (Introduced - Dead) 2009-02-19 - Referred to AGRICULTURE AND RURAL AFFAIRS [HB536 Detail]

Download: Pennsylvania-2009-HB536-Introduced.html

---

PRINTER'S NO. 585
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 536 Session of2009
INTRODUCED BY HICKERNELL, BEAR, BOYD, CREIGHTON, CUTLER, EVERETT, GEIST, GIBBONS, GINGRICH, GODSHALL, HENNESSEY, LONGIETTI, MILLER, MILNE, MURT, PEIFER, PETRI, ROCK, SIPTROTH, TRUE AND WATSON, FEBRUARY 19, 2009
REFERRED TO COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 19, 2009
AN ACT
Amending the act of January 19, 1968 (1967 P.L.992, No.442),
entitled, as amended, "An act authorizing the Commonwealth of
Pennsylvania and the local government units thereof to
preserve, acquire or hold land for open space uses," further
providing for definitions and for local taxing options.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of January 19, 1968 (1967
P.L.992, No.442), entitled, as amended, "An act authorizing the
Commonwealth of Pennsylvania and the local government units
thereof to preserve, acquire or hold land for open space uses,"
is amended by adding a definition to read:
Section 2. Definitions.--For the purpose of this act the
following definitions shall apply:
* * *
(8) "Conservation easement." As defined in section 3 of the
act of June 22, 2001 (P.L.390, No.29), known as the
"Conservation and Preservation Easements Act."
Section 2. Section 7.1(b) of the act, amended February 2,
2006 (P.L.15, No.4), is amended to read:
Section 7.1. Local Taxing Options.--* * *
(b) (1) Any of the following categories of real property
may be exempted from further millage increases:
(i) Real property in which the open space property interests
have been acquired by a local government unit in accordance with
this act.
(ii) Real property that is subject to an easement acquired
in accordance with the act of June 30, 1981 (P.L.128, No.43),
known as the "Agricultural Area Security Law."
(iii) Real property from which TDRs have been transferred
and retired by a local government unit without their development
potential having occurred on other lands.
(iv) Real property that is subject to a conservation
easement acquired under the act of June 22, 2001 (P.L.390, No.
29), known as the "Conservation and Preservation Easements Act,"
by an eligible nonprofit entity, as defined in section 3 of the
"Agricultural Area Security Law," if:
(A) the land subject to the conservation easement is
protected for the purpose of assuring its availability for
agricultural use; and
(B) the term of the conservation easement is perpetual.
(2) The exemption from further millage increases authorized
by clause (1) shall become effective only if the governing body
of each taxing district that imposes a tax on the real property
approves the exemption either by ordinance in the case of a
county or municipal corporation or by resolution in the case of
a school district.
(3) The exemption from further millage increases for real
20090HB0536PN0585 - 2 -
property as provided for in this subsection shall be authorized
only for real property qualifying for such exemption under the
provisions of section 2(b)(1) of Article VIII of the
Constitution of Pennsylvania.
(4) If the governing body of each taxing district so
resolves, the millage freeze authorized herein shall apply to
all eligible real property, whether the real property met the
criteria of this subsection prior to or subsequent to the date
of the ordinances and resolution imposing the millage freeze.
For prior acquisitions, the date on which the millage rate shall
be frozen is the date that the last of the required ordinances
or resolution becomes effective. For subsequent acquisitions,
the date on which the millage rate shall be frozen is the date
the local government unit completes the acquisition. The
governing body of each taxing district shall give prompt notice
to the appropriate tax collection agent of the exact amount of
the millage, the date it was frozen and each parcel to which the
freeze applies.
(5) The exemptions granted under this act shall not be
considered by the State Tax Equalization Board in deriving the
market value of school district real property so as to reduce
the subsidy to that school district or to increase the subsidy
to any other school district.
Section 3. This act shall take effect in 60 days.
20090HB0536PN0585 - 3 -