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2011 Pennsylvania Attorney General Reports and Opinions 1 (2011)

handle is hein.sag/sagpa0011 and id is 1 raw text is: COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL HARRISBURG, PA. 17120 16TH FLOOR STRAWBERRY SQUARE HARRISBURG PA 17120 ATTORNEY GENERAL (7 7}787-3391 July 7, 2011 The Honorable Tom Corbett Governor 225 Main Capitol Building Harrisburg, PA 17120 Dear Governor Corbett: You have requested our opinion pursuant to Section 204(a) of the Commonwealth Attorneys Act, 72 P.S. 732-204(a), regarding the constitutionality of House Bill No. 1696, which has been passed by both houses of the General Assembly and presented to you for approval or veto. Upon careful review, and after consulting with the Office of General Counsel, we have concluded that HB1696 violates Article Ill, Section 32 of the Pennsylvania Constitution. Article III, Section 32 states in part that The General Assembly shall pass no local or special law in any case which has been or can be provided for by general law and specifically the General Assembly-shall not pass any local or special law: 1. Regulating the affairs of counties, cities, townships, wards, boroughs, or school districts. HB1696 would bar implementation of a court-ordered countywide reassessment of real property in Washington County for the purpose of levying property taxes in said county. The moratorium would continue in effect until the later of an Act of the General Assembly adopting procedures necessary to ensure uniformity among counties in their property assessment, or November 30, 2012. The relevant language of HB1696 reads as follows: No county of the Fourth Class having a population, according to the 2010 United States census, greater than 185,000 but less than 210,000 may implement, effectuate or undertake the process of a court-ordered countywide reassessment of real property for purposes of levying property taxes until the later of: (1) The General Assembly adopts procedures necessary to ensure uniformity among counties in their property assessment systems; or (2) November 30, 2012.

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