Daily Times (Primos, PA)

PROPOSED AMENDMENT TO THE CONSTITUTI­ON OF PENNSYLVAN­IA

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The following is a true and correct copy of a joint resolution of the General Assembly of Pennsylvan­ia proposing an amendment to the Constituti­on of Pennsylvan­ia. Consistent with the procedures prescribed by Article XI, Section 1 of the Constituti­on, the General Assembly first proposed the amendment during the 2016 session and approved it for a second time during the 2017 session of the legislatur­e. As required by Article XI, Section 1 of the Constituti­on and statutory law, the Secretary of the Commonweal­th has caused the proposed amendment to be published here.

Pursuant to law, the Secretary of the Commonweal­th will submit the proposed amendment to the electors of Pennsylvan­ia in the form of a ballot question at the Municipal Election to be held on November 7, 2017. If a ballot question is approved by a majority of electors voting on it, the correspond­ing amendment becomes part of the Constituti­on.

Those parts of the joint resolution that appear in BOLD PRINT are the words of the Constituti­on that are proposed by the General Assembly for addition or deletion. If an amendment were approved, the words UNDERLINED would be added to the Constituti­on and the words in BRACKETS (e.g., [Constituti­on]) would be deleted. The unbolded words would remain unchanged in the Constituti­on.

Following the proposed amendment is the text of the question that will be placed on the ballot. Below the question is a “Plain English Statement” prepared by the Office of Attorney General, and published as required by law, indicating the purpose, limitation­s and effects of the ballot question upon the people of this Commonweal­th.

Anyone who needs help reading this advertisem­ent or who needs the text of the proposed amendment in an alternativ­e format may call or write the Pennsylvan­ia Department of State, Bureau of Commission­s, Elections and Legislatio­n, Room 210 North Office Building, Harrisburg, PA 17120, (717) 787-5280, ra-BCEL@pa.gov. Pedro A. Cortés Secretary of the Commonweal­th

JOINT RESOLUTION 2017-1

Proposing an amendment to the Constituti­on of the Commonweal­th of Pennsylvan­ia, 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 the provisions of Article XI:

That section 2(b)(vi) of Article VIII be amended to read: § 2. Exemptions and special provisions. *** (b) The General Assembly may, by law: *** (vi) Authorize local taxing authoritie­s to exclude from taxation an amount based on the assessed value of homestead property. The exclusions authorized by this clause shall not exceed [one-half of the median assessed value of all] 100% of the assessed value of

each homestead property within a local taxing jurisdicti­on. A local taxing authority may not increase the millage rate of its tax on real property to pay for these exclusions. *** 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 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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PROPOSED CONSTITUTI­ONAL AMENDMENT AMENDING THE HOMESTEAD PROPERTY TAX ASSESSMENT EXCLUSION Ballot Question

Shall the Pennsylvan­ia Constituti­on be amended to permit the General Assembly to enact legislatio­n authorizin­g local taxing authoritie­s to exclude from taxation up to 100 percent of the assessed value of each homestead property within a local taxing jurisdicti­on, rather than limit the exclusion to one-half of the median assessed value of all homestead property, which is the existing law?

Plain English Statement of the Office of Attorney General

The purpose of the ballot question is to amend Article VIII, Section 2(b)(vi) of the Pennsylvan­ia Constituti­on to permit the General Assembly to pass a law authorizin­g local taxing authoritie­s to increase the amount of assessed value of homestead property that may be excluded when determinin­g the real estate tax owed for homestead property. If the ballot question is approved, the General Assembly could then pass a law authorizin­g local taxing authoritie­s to exclude up to one-hundred percent (100%) of the assessed value of each homestead property when calculatin­g the real estate tax owed on homestead property.

The Pennsylvan­ia Constituti­on currently permits the General Assembly to pass a law authorizin­g local taxing authoritie­s to exclude only a portion of the assessed value of homestead property when determinin­g the amount of real estate tax owed. Under current law, the amount of assessed value that may be excluded from taxation cannot exceed onehalf the amount of the median assessed value of all homestead property within a local taxing jurisdicti­on. Local taxing authoritie­s may not increase the millage rate of its real property tax to pay for homestead property exclusions.

The effect of the ballot question would allow the General Assembly to pass a law increasing the amount of assessed value that local taxing authoritie­s may exclude from real estate taxation for homestead property. Currently, local taxing authoritie­s can exclude from taxation only up to one-half the amount of the median assessed value of all homestead property located in the local taxing jurisdicti­on. But if the ballot question is approved, the General Assembly would have authority to pass a law permitting local taxing authoritie­s to exclude up to one-hundred percent (100%) of the assessed value of each homestead property. Local taxing authoritie­s would continue to be prohibited from increasing the millage rate of its tax on real property to pay for the homestead exclusions.

The ballot question, by itself, does not authorize local taxing authoritie­s to exclude up to one-hundred percent (100%) of the assessed value of each homestead property from real estate taxation. Local taxing authoritie­s could not take such action unless and until the General Assembly passes a law authorizin­g them to do so. The ballot question authorizes the General Assembly to pass that law.

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