PRIOR PRINTER'S NO. 3338 PRINTER'S NO. 4025
No. 2378 Session of 2002
INTRODUCED BY M. WRIGHT, THOMAS, DiGIROLAMO, WATSON, CAPPELLI, COLAFELLA, COY, DALEY, HALUSKA, HARHAI, HORSEY, McCALL, McILHATTAN, MICOZZIE, READSHAW, SATHER, SHANER, R. STEVENSON, WILT, YOUNGBLOOD AND LEDERER, FEBRUARY 14, 2002
AS REPORTED FROM COMMITTEE ON COMMERCE AND ECONOMIC DEVELOPMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 12, 2002
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 development 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 development initiatives.
19 Section 1. Short title.
1 This act shall be known and may be cited as the Optional 2 County Affordable Housing and Economic Development Funds Act. 3 Section 2. Legislative purpose. 4 The General Assembly intends to provide an alternative method 5 for county governments to raise revenues at the local level to 6 enable county residents to purchase or rent quality residential 7 housing and to pursue economic development efforts that 8 revitalize areas and communities, maximize use of local economic 9 assets and create business and employment opportunities for 10 their residents. 11 Section 3. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Affordable housing effort." Any program or project approved 16 by the county commissioners which increases the availability of 17 quality housing, either sales or rental, to any county resident 18 whose annual income is less than the median income of the 19 county. 20 "County." Any county of the second, second A, third, fourth, 21 fifth, sixth, seventh or eighth class. The term does not include 22 any county of the first class. 23 "Economic development effort." A program or project approved 24 by the county commissioners which promotes redevelopment and 25 revitalization of dilapidated areas, upgrading of infrastructure 26 or aesthetics and beautification with the intent of creating or 27 attracting business activity 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 20020H2378B4025 - 2 -
1 have the power and may by ordinance increase the fees charged by 2 the recorder of deeds for recording deeds and mortgages under 3 the act of June 12, 1919 (P.L.476, No.240), referred to as the 4 Second Class County Recorder of Deeds Fee Law, and the act of 5 April 8, 1982 (P.L.310, No.87), referred to as the Recorder of 6 Deeds Fee Law. 7 (b) Limitation.--The additional fees levied by the county 8 commissioners shall not exceed 100% for affordable housing and 9 200% for economic development of the amounts charged on the 10 effective date of this act. 11 (c) Certain counties.--Counties that already have an 12 affordable housing program may increase fees levied up to 100% 13 for economic development of the amounts charged on the effective 14 date of this act. 15 Section 5. Disposition of proceeds. 16 All additional moneys raised under section 4 shall be 17 deposited in the general fund of the county and shall be 18 allocated as follows: A minimum of 85% or such higher amount as 19 may be determined by the county of the additional revenue shall 20 be set aside in a separate account to be used to fund affordable 21 housing efforts in the county. [Fifteen percent of the amount <-- 22 allocated under this paragraph may be used by the county for the 23 administrative costs associated with the affordable housing and <-- 24 economic development efforts.] IN ADDITION, IF THE ECONOMIC <-- 25 DEVELOPMENT TRUST FUND OPTION IS EXERCISED, A MINIMUM OF 85% OR 26 SUCH HIGHER AMOUNT AS MAY BE DETERMINED BY THE COUNTY OF THE 27 ADDITIONAL REVENUE SHALL BE SET ASIDE IN A SEPARATE ACCOUNT TO 28 BE USED TO FUND ECONOMIC DEVELOPMENT EFFORTS IN THE COUNTY. IN 29 ADDITION, UP TO 15% OF THE ADDITIONAL MONEY RAISED MAY BE USED 30 BY THE COUNTY FOR THE ADMINISTRATIVE COSTS ASSOCIATED WITH 20020H2378B4025 - 3 -
1 AFFORDABLE HOUSING AND ECONOMIC DEVELOPMENT EFFORTS. 2 Section 2. The act is amended by adding a section to read: 3 Section 6.1. Economic development efforts. 4 Economic development efforts may include, but shall not be 5 limited to: 6 (1) Providing matching funds to secure private, Federal 7 and State economic development funds. 8 (2) Assisting and supporting efforts by the 9 Commonwealth, developers and lending institutions to 10 redevelop or revitalize local areas. 11 (3) Supporting the efforts of municipalities in regard 12 to infrastructure and aesthetic improvements with grants and 13 zero percent loans for the purpose of retaining or expanding 14 their business base. 15 Section 3. This act shall take effect in 60 days. A22L16MRD/20020H2378B4025 - 4 -