PRIOR PRINTER'S NOS. 949, 1656, 1950          PRINTER'S NO. 2122

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 861 Session of 1995


        INTRODUCED BY HANNA, LYNCH, RUDY, JADLOWIEC, LLOYD AND HESS,
           FEBRUARY 14, 1995

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           JUNE 15, 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; AND providing for an annual charge   <--
    12     for 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] thirty-three FORTY cents per acre, for  <--
    10  the benefit of the county in which said lands are located,
    11  [twenty] thirty-three FORTY cents per acre for the benefit of     <--
    12  the schools in the respective school districts in which such
    13  lands are located, and [twenty] thirty-three FORTY 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
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     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 2.  The portion of any land owned by the             <--
    24  Commonwealth which, pursuant to existing law, is exempt from
    25  taxation, including, but not limited to, land held as a forest
    26  reserve or for the purpose of preserving and perpetuating any
    27  portion of the original forests of the Commonwealth and
    28  preserving and maintaining the same as public places and parks,
    29  land acquired or used pursuant to the act of June 22, 1964
    30  (Sp.Sess., P.L.131, No.8), known as the Project 70 Land
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     1  Acquisition and Borrowing Act, or land administered pursuant to
     2  34 Pa.C.S. which is leased at 90% or more of its fair market
     3  value for residential or commercial purposes other than for
     4  agricultural operations and which consists of 75 or more leased
     5  parcels of land shall be subject to an annual charge for the
     6  benefit of the county, local municipality and school district in
     7  which such lands are located equal to the tax which each of
     8  those taxing authorities would be entitled to collect on such
     9  leased parcels but for the Commonwealth's tax-exempt status.
    10     Section 4.  This act shall take effect as follows:             <--
    11         (1)  The addition of section 3 of the act shall take
    12     effect July 1, 1996.
    13         (2)  This section shall take effect immediately.
    14         (3)  The remainder of this act shall take effect July 1,
    15     1995.
    16     SECTION 3.  THIS ACT SHALL TAKE EFFECT JULY 1, 1995.           <--










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