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                                                      PRINTER'S NO. 4361

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2832 Session of 2004


        INTRODUCED BY FRANKEL, BROWNE, GRUCELA, HARPER, HUTCHINSON,
           MARKOSEK, R. MILLER, PETRARCA, PISTELLA, READSHAW, SCAVELLO,
           WALKO, YOUNGBLOOD AND COSTA, SEPTEMBER 2, 2004

        REFERRED TO COMMITTEE ON FINANCE, SEPTEMBER 2, 2004

                                     AN ACT

     1  Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
     2     as amended, "An act relating to counties of the second class
     3     and second class A; amending, revising, consolidating and
     4     changing the laws relating thereto," further providing for
     5     tax relief.

     6     The General Assembly of the Commonwealth of Pennsylvania
     7  hereby enacts as follows:
     8     Section 1.  Section 3171-B(a)(4) of the act of July 28, 1953
     9  (P.L.723, No.230), known as the Second Class County Code,
    10  amended October 30, 2000 (P.L.616, No.85), is amended to read:
    11     Section 3171-B.  Tax Relief.--(a)  * * *
    12     (4)  The county and the city shall utilize all or a portion
    13  of revenues remaining from disbursements received pursuant to
    14  section 3157-B(b) after reducing taxes as provided by clauses
    15  (1) and (2) for the implementation of one of the following:
    16     (i)  programs under the act of December 13, 1988 (P.L.1190,
    17  No.146), known as the "First and Second Class County Property
    18  Tax Relief Act";
    19     (ii)  a program for property tax rebate or rent rebate in

     1  lieu of property taxes modeled by the county or city after the
     2  act of March 11, 1971 (P.L.104, No.3), known as the "Senior
     3  Citizens Rebate and Assistance Act," for longtime owner-
     4  occupants of personal residences. Property eligible for tax
     5  relief under this clause shall be limited to a primary personal
     6  residence owned by a single person age 62 or older or by married
     7  persons if either spouse is 62 years of age or older. Tax relief
     8  provided pursuant to this clause shall be limited to persons
     9  whose income [as defined under the act of March 11, 1971
    10  (P.L.104, No.3), known as the "Senior Citizens Rebate and
    11  Assistance Act,"] does not exceed twenty-five thousand dollars
    12  ($25,000); or
    13     (iii)  a program for property tax rebate or rent rebate in
    14  lieu of property taxes modeled by the county or city after the
    15  "Senior Citizens Rebate and Assistance Act" for longtime owner-
    16  occupants of personal residences. Property eligible for tax
    17  relief under this clause shall be limited to a primary personal
    18  residence owned by a single person age 60 or older or by married
    19  persons if either spouse is 60 years of age or older. Tax relief
    20  provided pursuant to this clause shall be limited to persons
    21  whose income [as defined under the "Senior Citizens Rebate and
    22  Assistance Act"] does not exceed thirty thousand dollars
    23  ($30,000).
    24  For purposes of this clause[, "longtime owner-occupant" shall]:
    25     "Income" shall mean income as defined under the act of March
    26  11, 1971 (P.L.104, No.3), known as the "Senior Citizens Rebate
    27  and Assistance Act," except that income shall not include fifty
    28  per centum (50%) of civil service retirement payments to the
    29  United States Postal Service employes hired prior to 1984 who
    30  were not at the time of hiring eligible for benefits under the
    20040H2832B4361                  - 2 -     

     1  Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.) and
     2  are not eligible to receive Social Security retirement benefits.
     3     "Longtime owner-occupant" shall mean any person who for at
     4  least ten continuous years has owned and has occupied a dwelling
     5  place within the county as a principal residence and domicile,
     6  or any person who for at least five years has owned and occupied
     7  a dwelling within the county as a principal residence and
     8  domicile if that person received assistance in the acquisition
     9  of the property as part of a government or nonprofit housing
    10  program.
    11     * * *
    12     Section 2.  This act shall take effect in 60 days.












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