SENATE AMENDED PRIOR PRINTER'S NOS. 949, 1656 PRINTER'S NO. 1950
No. 861 Session of 1995
INTRODUCED BY HANNA, LYNCH, RUDY, JADLOWIEC, LLOYD AND HESS, FEBRUARY 14, 1995
SENATOR TILGHMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, MAY 22, 1995
AN ACT 1 Amending the act of May 17, 1929 (P.L.1798, No.591), entitled 2 "An act providing a fixed charge, payable by the 3 Commonwealth, on lands acquired by the State and the Federal 4 Government for forest reserves, or for the purpose of 5 preserving and perpetuating a portion of the original forests 6 of Pennsylvania, and preserving and maintaining the same as 7 public places and parks; and the distribution of the same for 8 county, school, township, and road purposes in the counties, 9 school districts, and townships where such forests are 10 located; and making an appropriation," increasing the amount 11 paid by the Commonwealth; PROVIDING FOR AN ANNUAL CHARGE FOR <-- 12 TAX-EXEMPT LANDS; AND FURTHER PROVIDING FOR TIMBER, WOOD 13 PRODUCTS AND GAS AND OIL GROUND RENTALS AND ROYALTIES. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 1 of the act of May 17, 1929 (P.L.1798, 17 No.591), referred to as the Forest Reserves Municipal Financial 18 Relief Law, amended February 24, 1984 (P.L.101, No.20), is 19 amended to read: 20 Section 1. Be it enacted, &c., That (a) from and after the 21 passage of this act, all lands heretofore or hereafter acquired 22 by the Commonwealth, or by the Government of the United States,
1 for forest reserves or for the purpose of preserving and 2 perpetuating any portion of the original forests of Pennsylvania 3 and preserving and maintaining the same as public places and 4 parks, and which, by existing laws, are now exempt from 5 taxation, and all lands and property heretofore or hereafter 6 acquired for the purpose of conservation of water, or to prevent 7 flood conditions, upon which a tax is imposed by existing laws 8 payable by the Commonwealth, shall hereafter be subject to an 9 annual charge of [twenty] forty THIRTY-THREE cents per acre, for <-- 10 the benefit of the county in which said lands are located, 11 [twenty] forty THIRTY-THREE cents per acre for the benefit of <-- 12 the schools in the respective school districts in which such 13 lands are located, and [twenty] forty THIRTY-THREE cents per <-- 14 acre for the benefit of the township where such lands are 15 located, which charge shall be payable by the Commonwealth. (b) 16 Except as hereinafter provided, the annual charge payable by the 17 Commonwealth on land acquired by the Government of the United 18 States for forest reserves is to continue only until the 19 receipts of money by treasurers and township supervisors of the 20 said counties and school districts and townships in which 21 national forest reserves are located, provided for in act of 22 April twenty-seventh, one thousand nine hundred twenty-five, 23 Pamphlet Laws, three hundred twenty-four, shall equal or exceed 24 the amount paid by the Commonwealth in lieu of taxes. This 25 subsection shall not apply to the annual charge per acre for the 26 benefit of the county in which the land acquired by the 27 Government of the United States for forest reserves is located 28 for the years one thousand nine hundred fifty-three, one 29 thousand nine hundred fifty-four, one thousand nine hundred 30 fifty-five, one thousand nine hundred fifty-six, and this 19950H0861B1950 - 2 -
1 subsection shall not apply to two and one-half cents of the 2 annual charge per acre for the benefit of the county in which 3 the land acquired by the Government of the United States for 4 forest reserves is located for any year thereafter. The charges 5 for the benefit of the county for these years shall be paid by 6 the Commonwealth. All charges payable by the Commonwealth under 7 the provisions of this act shall be paid on or before the first 8 day of September of each year. 9 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <-- 10 SECTION 3. TEN PERCENT OF ALL REVENUES RECEIVED BY THE 11 PENNSYLVANIA GAME COMMISSION AND THE DEPARTMENT OF ENVIRONMENTAL 12 RESOURCES THROUGH THE SALE OF TIMBER AND WOOD PRODUCTS, GAS AND 13 OIL GROUND RENTALS AND ROYALTIES AND ALL OTHER RENTALS FROM 14 LANDS ACQUIRED BY THE COMMONWEALTH FOR THE PURPOSES ENUMERATED 15 IN SECTION 1, SHALL, WITHIN THIRTY DAYS OF RECEIPT OF THE 16 REVENUE, BE PAID TO THE TREASURER OF THE COUNTY WHERE THE LAND 17 FROM WHICH THE REVENUE IS GENERATED IS LOCATED. AFTER RECEIVING 18 THE REVENUE, THE COUNTY TREASURER SHALL DISBURSE FORTY PERCENT 19 OF THE REVENUE TO THE SCHOOL DISTRICT AND THIRTY PERCENT OF THE 20 REVENUE TO THE TOWNSHIP IN WHICH THE REVENUE HAD BEEN GENERATED. 21 THE TREASURER SHALL RETAIN THE REMAINING THIRTY PERCENT FOR THE 22 BENEFIT OF THE COUNTY. 23 SECTION 3. THE PORTION OF ANY LAND OWNED BY THE COMMONWEALTH 24 WHICH, PURSUANT TO EXISTING LAW, IS EXEMPT FROM TAXATION, 25 INCLUDING, BUT NOT LIMITED TO, LAND HELD AS A FOREST RESERVE OR 26 FOR THE PURPOSE OF PRESERVING AND PERPETUATING ANY PORTION OF 27 THE ORIGINAL FORESTS OF THE COMMONWEALTH AND PRESERVING AND 28 MAINTAINING THE SAME AS PUBLIC PLACES AND PARKS, LAND ACQUIRED 29 OR USED PURSUANT TO THE ACT OF JUNE 22, 1964 (SP.SESS., P.L.131, 30 NO.8), KNOWN AS THE PROJECT 70 LAND ACQUISITION AND BORROWING 19950H0861B1950 - 3 -
1 ACT, OR LAND ADMINISTERED PURSUANT TO 34 PA.C.S. WHICH IS LEASED 2 AT 90% OR MORE OF ITS FAIR MARKET VALUE FOR RESIDENTIAL OR 3 COMMERCIAL PURPOSES OTHER THAN FOR AGRICULTURAL OPERATIONS AND 4 WHICH CONSISTS OF 75 OR MORE LEASED PARCELS OF LAND SHALL BE 5 SUBJECT TO AN ANNUAL CHARGE FOR THE BENEFIT OF THE COUNTY, LOCAL 6 MUNICIPALITY AND SCHOOL DISTRICT IN WHICH SUCH LANDS ARE LOCATED 7 EQUAL TO THE TAX WHICH EACH OF THOSE TAXING AUTHORITIES WOULD BE 8 ENTITLED TO COLLECT ON SUCH LEASED PARCELS BUT FOR THE 9 COMMONWEALTH'S TAX-EXEMPT STATUS. 10 Section 2 4. This act shall take effect July 1, 1995 JULY 1, <-- 11 1996. AS FOLLOWS: 12 (1) THE ADDITION OF SECTION 3 OF THE ACT SHALL TAKE 13 EFFECT JULY 1, 1996. 14 (2) THIS SECTION SHALL TAKE EFFECT IMMEDIATELY. 15 (3) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JULY 1, 16 1995. B14L32JAM/19950H0861B1950 - 4 -