PRINTER'S NO. 3820
No. 1560 Session of 2004
INTRODUCED BY WRIGHT, WATSON, CLYMER, BELFANTI, BUNT, CAPPELLI,
CAUSER, CORRIGAN, CRAHALLA, DALEY, GINGRICH, LAUGHLIN,
MACKERETH, McILHATTAN, READSHAW, SATHER, WEBER AND YUDICHAK,
MAY 10, 2004
REFERRED TO COMMITTEE ON COMMERCE, MAY 10, 2004
AN ACT
1 Amending the act of December 14, 1992 (P.L.866, No.137),
2 entitled "An act authorizing certain counties to increase the
3 recording fees of deeds and mortgages to support or enhance
4 local affordable housing efforts," amending the title and
5 short title of the act; further providing for legislative
6 purpose, for definitions, for optional fee increases and for
7 disposition of proceeds; and providing for economic
8 redevelopment efforts.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. The title and sections 1, 2, 3, 4 and 5 of the
12 act of December 14, 1992 (P.L.866, No.137), known as the
13 Optional County Affordable Housing Funds Act, are amended to
14 read:
15 AN ACT
16 Authorizing [certain] counties to increase the recording fees of
17 deeds and mortgages to support or enhance local affordable
18 housing efforts and economic redevelopment initiatives.
19 Section 1. Short title.
20 This act shall be known and may be cited as the Optional
1 County Affordable Housing and Economic Redevelopment Funds Act.
2 Section 2. Legislative purpose.
3 The General Assembly intends to provide an alternative method
4 for county governments to raise revenues at the local level to
5 enable county residents to purchase or rent quality residential
6 housing and to pursue economic redevelopment efforts that
7 revitalize areas and communities, maximize use of local economic
8 assets and create business and employment opportunities for
9 their residents.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Affordable housing effort." Any program or project approved
15 by the county commissioners which increases the availability of
16 quality housing, either sales or rental, to any county resident
17 whose annual income is less than the median income of the
18 county.
19 "County." Any county of [the second, second A, third,
20 fourth, fifth, sixth, seventh or eighth class. The term does not
21 include any county of the first class.] this Commonwealth.
22 "Economic redevelopment effort." A program or project
23 approved by the county commissioners which promotes
24 redevelopment and revitalization of dilapidated areas, upgrading
25 of infrastructure or aesthetics and beautification with the
26 intent of creating or attracting business activity, affordable
27 housing and jobs for local residents.
28 Section 4. Optional fee increases.
29 (a) Recording fees.--The county commissioners or the
30 governing body of each county, as defined in section 3, shall
20040H1560B3820 - 2 -
1 have the power and may by ordinance increase the fees charged
2 for recording deeds and mortgages in counties of the first class
3 under ordinances adopted under the act of August 26, 1953
4 (P.L.1476, No.433), referred to as the Philadelphia City-County
5 Consolidation Act, and the fees charged by the recorder of deeds
6 for recording deeds and mortgages under the act of June 12, 1919
7 (P.L.476, No.240), referred to as the Second Class County
8 Recorder of Deeds Fee Law, and the act of April 8, 1982
9 (P.L.310, No.87), referred to as the Recorder of Deeds Fee
10 Law[.], for the purposes of affordable housing or economic
11 redevelopment.
12 (b) Limitation.--The additional fees levied by the county
13 commissioners or the governing body of the county for affordable
14 housing shall not exceed 100% of the amounts charged [on the
15 effective date of this act.] for recording deeds and mortgages,
16 including the base fee, certification fee and writ tax. The
17 additional fees levied by the county commissioners or the
18 governing body of the county for economic redevelopment shall
19 not exceed 100% of the base amounts charged for recording deeds
20 and mortgages, including the base fee, certification fee and
21 writ tax.
22 (c) Supplantation.--The levy by a county of additional fees
23 for economic redevelopment under this section shall not supplant
24 fees levied by the county for affordable housing in effect on
25 the effective date of the authorization of the fee for economic
26 redevelopment.
27 Section 5. Disposition of proceeds.
28 (a) Allocation.--All additional moneys raised under section
29 4 shall be deposited in the general fund of the county and shall
30 be allocated as follows:
20040H1560B3820 - 3 -
1 (1) A minimum of 85% or such higher amount as may be
2 determined by the county of the additional revenue from a fee
3 for affordable housing shall be set aside in a separate
4 account to be used to fund affordable housing efforts in the
5 county. [Fifteen percent of the amount allocated under this
6 paragraph may be used by the county for the administrative
7 costs associated with the affordable housing efforts.]
8 (2) A minimum of 85% or such higher amount as may be
9 determined by the county of the additional revenue from a fee
10 for economic redevelopment shall be set aside in a separate
11 account to be used to fund economic redevelopment efforts in
12 the county.
13 (b) Administrative costs.--Up to 15% of the additional money
14 raised may be used by the county for the administrative costs
15 associated with affordable housing and economic redevelopment
16 efforts and for costs of administration and collection of fees.
17 Section 2. The act is amended by adding a section to read:
18 Section 6.1. Economic redevelopment efforts.
19 Economic redevelopment efforts may include, but shall not be
20 limited to:
21 (1) Providing matching funds to secure private, Federal
22 and State economic redevelopment or revitalization funds.
23 (2) Assisting and supporting efforts by the Commonwealth
24 or developers and lending institutions when in support of an
25 established or recognized economic redevelopment program or
26 statute to redevelop or revitalize local areas.
27 (3) Supporting the efforts of municipalities in regard
28 to infrastructure and aesthetic improvements in dilapidated
29 areas with grants and zero percent loans for the purpose of
30 retaining or expanding their business base.
20040H1560B3820 - 4 -
1 (4) Supporting county affordable housing efforts.
2 Section 3. This act shall take effect in 60 days.
E3L16DMS/20040H1560B3820 - 5 -