PRINTER'S NO. 436

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 398 Session of 1977


        INTRODUCED BY BRUNNER AND GARZIA, MARCH 1, 1977

        REFERRED TO COMMITTEE ON FINANCE, MARCH 1, 1977

                                     AN ACT

     1  Amending the act of March 10, 1970 (P.L.168, No.66), entitled
     2     "An act imposing a special tax upon realty of public
     3     utilities; providing for distribution of moneys to local
     4     taxing authorities in lieu of local real estate taxes;
     5     conferring powers and imposing duties upon the Department of
     6     Revenue, local assessing and other officials, and public
     7     utilities; and providing penalties," decreasing the tax to
     8     compensate for the gradual elimination of school real
     9     property taxes and changing the formula for distribution to
    10     local taxing authorities.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Subsection (a) of section 3 and section 7, act of
    14  March 10, 1970 (P.L.168, No.66), known as the "Public Utility
    15  Realty Tax Act," are amended to read:
    16     Section 3.  Imposition of Tax; Report; Interest and
    17  Penalties.--(a)  [On or before the first day of June of 1970 and
    18  of each year thereafter, every] Every public utility shall pay
    19  to the State Treasurer, through the Department of Revenue, a tax
    20  at the rate [of thirty mills] hereinafter provided upon each
    21  dollar of the State taxable value of its utility realty at the
    22  end of the preceding calendar year. The tax shall be paid on or


     1  before June 1 of each year at the rate of:  for 1970 through
     2  1979, thirty mills; 1980, twenty-eight mills; 1981, twenty-six
     3  mills; 1982, twenty-four mills; 1983, twenty-two mills; 1984 and
     4  thereafter, twenty mills.
     5     * * *
     6     Section 7.  Distribution to Local Taxing Authorities.--(a)
     7  From the reports received by it in each year pursuant to section
     8  6, the department shall determine:
     9     (1)  The total tax receipts shown in all such reports.
    10     (2)  The total realty tax equivalent shown in all such
    11  reports.
    12     (b)  On or before the first day of October of 1971 and of
    13  each year thereafter, the department shall distribute to each
    14  reporting local taxing authority its share of the total realty
    15  tax equivalent determined pursuant to subsection (a)(2), which
    16  share shall be the ratio which the total tax receipts reported
    17  by that local taxing authority bear to the total tax receipts
    18  determined pursuant to subsection (a)(1) and adjusted in the
    19  case of school districts by multiplying such ratio by eight-
    20  tenths for the 1981 distribution, by six-tenths for the 1982
    21  distribution, by four-tenths for the 1983 distribution and by
    22  two-tenths for the 1984 distribution and adjusted in the case of
    23  other taxing authorities by multiplying such ratio for the 1981
    24  distribution by one plus two-tenths of the ratio of total tax
    25  receipts reported by all school districts to the total tax
    26  receipts reported by all other taxing authorities for the 1982
    27  distribution by one plus four-tenths of the ratio of total
    28  school district tax receipts to total tax receipts of all other
    29  taxing authorities for the 1983 distribution by one plus six-
    30  tenths of the ratio of total school district tax receipts to
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     1  total tax receipts of all other taxing authorities and for the
     2  1984 distribution by one plus eight-tenths of the ratio of total
     3  school district tax receipts to total tax receipts of all other
     4  taxing authorities.
     5     (c)  For the purpose of making such payment, the department
     6  shall make requisition therefor in the manner prescribed by The
     7  Fiscal Code.
     8     Section 2.  This act shall take effect immediately.















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