PRINTER'S NO. 3219
No. 2462 Session of 1980
INTRODUCED BY WILSON, SIEMINSKI, ZITTERMAN, DeVERTER, KUKOVICH,
D. R. WRIGHT, BURNS, CESSAR, COWELL, GRUPPO, SPENCER,
HELFRICK, PUNT, ZORD, COCHRAN, WASS, YAHNER, COLE,
CALTAGIRONE, PRATT, KOLTER, GEIST, PYLES, DAVIES, NOYE,
E. G. JOHNSON, GRIECO, HOEFFEL AND KOWALYSHYN, APRIL 9, 1980
REFERRED TO COMMITTEE ON FINANCE, APRIL 9, 1980
AN ACT
1 Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
2 act relating to tax reform and State taxation by codifying
3 and enumerating certain subjects of taxation and imposing
4 taxes thereon; providing procedures for the payment,
5 collection, administration and enforcement thereof; providing
6 for tax credits in certain cases; conferring powers and
7 imposing duties upon the Department of Revenue, certain
8 employers, fiduciaries, individuals, persons, corporations
9 and other entities; prescribing crimes, offenses and
10 penalties," implementing school real property tax relief by
11 redefining "realty tax equivalent" to retain present method
12 of distribution of the Public Utility Realty Tax.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Clause (6) of section 1101-A and subsection (a)
16 of section 1106-A, act of March 4, 1971 (P.L.6, No.2), known as
17 the "Tax Reform Code of 1971," added July 4, 1979 (No.27), are
18 amended to read:
19 Section 1101-A. Definitions.--The following words, terms and
20 phrases when used in this article shall have the meaning
21 ascribed to them in this section, except where the context
1 clearly indicates a different meaning:
2 * * *
3 (6) "Realty tax equivalent." The total amount of taxes
4 which a local taxing authority could have imposed on utility
5 realty but for this article, and unless otherwise provided shall
6 be the sum of the product of the real estate property tax rate
7 and the assessed valuation of utility realty, and the product of
8 the business use or occupancy tax rate authorized by section
9 602.3, act of March 10, 1949 (P.L.30, No.14), known as the
10 "Public School Code of 1949," and the assessed valuation of
11 utility realty.
12 * * *
13 Section 1106-A. Reports by Local Taxing Authorities.--(a)
14 On or before the first day of April of 1971 and of each year
15 thereafter, each local taxing authority shall submit to the
16 department:
17 (1) The name and address of each public utility owning
18 utility realty within its jurisdiction, and the assessed value
19 of such utility realty.
20 (2) Its real estate tax rate and business use or occupancy
21 tax rate authorized by section 602.3, act of March 10, 1949
22 (P.L.30, No.14), known as the "Public School Code of 1949," for
23 its current fiscal year.
24 (3) The realty tax equivalent, which is the assessed value
25 of clause (1) multiplied by the tax [rate] rates of clause (2).
26 (4) Its total tax receipts for its last completed fiscal
27 year.
28 (5) Any adjustment to the assessed values, tax rates, realty
29 tax equivalents or total tax receipts previously reported
30 pursuant to clauses (1) to (4).
19800H2462B3219 - 2 -
1 * * *
2 Section 2. This act shall take effect immediately upon the
3 enactment of companion legislation amending the act of March 10,
4 1949 (P.L.30, No.14), known as the "Public School Code of 1949,"
5 implementing school real property tax relief.
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