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                                                      PRINTER'S NO. 3347

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2341 Session of 2006


        INTRODUCED BY ADOLPH, KILLION, CIVERA, RAYMOND, ROSS, BARRAR,
           MICOZZIE, HERSHEY AND GANNON, JANUARY 3, 2006

        REFERRED TO COMMITTEE ON FINANCE, JANUARY 3, 2006

                                     AN ACT

     1  Amending the act of March 11, 1971 (P.L.104, No.3), entitled, as
     2     amended, "An act providing property tax or rent rebate and
     3     inflation dividends to certain senior citizens, widows,
     4     widowers and permanently disabled persons with limited
     5     incomes; establishing uniform standards and qualifications
     6     for eligibility to receive rebates and dividends; providing
     7     for transportation assistance grants and grants to area
     8     agencies on aging for services to older persons; and imposing
     9     duties upon the Department of Revenue," further defining
    10     "income"; further providing for property tax and rent rebate
    11     eligibility and for funds for payment of claims; and
    12     providing for use of tax anticipation notes.

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 3(1) of the act of March 11, 1971
    16  (P.L.104, No.3), known as the Senior Citizens Rebate and
    17  Assistance Act, reenacted and amended December 21, 1979
    18  (P.L.570, No.131) and amended June 25, 1999 (P.L.226, No.30), is
    19  amended to read:
    20     Section 3.  Definitions.--As used in this act:
    21     (1)  "Income" means all income from whatever source derived,
    22  including but not limited to salaries, wages, bonuses,


     1  commissions, income from self-employment, alimony, support
     2  money, cash public assistance and relief, the gross amount of
     3  any pensions or annuities including railroad retirement benefits
     4  [for calendar years prior to 1999, and fifty per cent of
     5  railroad retirement benefits for calendar years 1999 and
     6  thereafter], all benefits received under the Federal Social
     7  Security Act (except Medicare benefits) [for calendar years
     8  prior to 1999, and fifty per cent of all benefits received under
     9  the Federal Social Security Act (except Medicare benefits) for
    10  calendar years 1999 and thereafter], all benefits received under
    11  State unemployment insurance laws and veterans' disability
    12  payments, all interest received from the Federal or any State
    13  government, or any instrumentality or political subdivision
    14  thereof, realized capital gains, rentals, workmen's compensation
    15  and the gross amount of loss of time insurance benefits, life
    16  insurance benefits and proceeds (except the first five thousand
    17  dollars ($5,000) of the total of death benefit payments), and
    18  gifts of cash or property (other than transfers by gift between
    19  members of a household) in excess of a total value of three
    20  hundred dollars ($300), but shall not include surplus food or
    21  other relief in kind supplied by a governmental agency or
    22  property tax or rent rebate or inflation dividend.
    23     * * *
    24     Section 2.  Section 4(a.1) and (b) of the act, amended March
    25  10, 1982 (P.L.177, No.56) and July 11, 1985 (P.L.207, No.53),
    26  are amended to read:
    27     Section 4.  Property Tax; Rent Rebate and Inflation Cost.--
    28     (a.1)  (1)  The amount of any claim for property tax rebate
    29  or rent rebate in lieu of property taxes for real property taxes
    30  or rent due and payable during calendar years 1981, 1982, 1983
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     1  and 1984 shall be determined in accordance with the following
     2  schedule:
     3                             Percentage of Real Property Taxes or
     4                                 Rent Rebate in Lieu of
     5     Household Income        Property Taxes Allowed as Rebate
     6      $    0 - $4,999                         100%
     7       5,000 -  5,999                          80
     8       6,000 -  6,999                          60
     9       7,000 -  7,999                          40
    10       8,000 -  8,999                          20
    11       9,000 - 11,999                          10
    12     (2)  The amount of any claim for property tax rebate or rent
    13  rebate in lieu of property taxes for real property taxes or rent
    14  due and payable during calendar year 1985 [and thereafter]
    15  through calendar year 2004 shall be determined in accordance
    16  with the following schedule:
    17                             Percentage of Real Property Taxes or
    18                                 Rent Rebate in Lieu of
    19     Household Income        Property Taxes Allowed as Rebate
    20      $    0 - $4,999                        100%
    21       5,000 -  5,499                        100
    22       5,500 -  5,999                         90
    23       6,000 -  6,499                         80
    24       6,500 -  6,999                         70
    25       7,000 -  7,499                         60
    26       7,500 -  7,999                         50
    27       8,000 -  8,499                         40
    28       8,500 -  8,999                         35
    29       9,000 -  9,999                         25
    30      10,000 - 11,999                         20
    20060H2341B3347                  - 3 -     

     1      12,000 - 12,999                         15
     2      13,000 - 15,000                         10
     3     (3)  The amount of any claim for property tax rebate or rent
     4  rebate in lieu of property taxes for real property taxes or rent
     5  due and payable during calendar year 2005 and thereafter shall
     6  be determined in accordance with the following schedule:
     7                             Percentage of Real Property Taxes or
     8                                 Rent Rebate in Lieu of
     9     Household Income        Property Taxes Allowed as Rebate
    10      $    0  - $12,999                       100%
    11       13,000 -  14,999                        90
    12       15,000 -  16,999                        80
    13       17,000 -  18,999                        70
    14       19,000 -  20,999                        60
    15       21,000 -  22,999                        50
    16       23,000 -  24,999                        40
    17       25,000 -  26,999                        35
    18       27,000 -  28,999                        25
    19       29,000 -  30,999                        20
    20       31,000 -  34,999                        15
    21       35,000 -  40,000                        10
    22     (b)  No claim shall be allowed if the amount of property tax
    23  or rent rebate computed in accordance with this section is less
    24  than ten dollars ($10), and the maximum amount of property tax
    25  or rent rebate payable shall not exceed [five hundred dollars
    26  ($500)] one thousand five hundred dollars ($1,500).
    27     * * *
    28     Section 3.  Section 8 of the act, amended June 25, 1999
    29  (P.L.226, No.30), is amended to read:
    30     Section 8.  Funds for Payment of Claims.--Approved claims
    20060H2341B3347                  - 4 -     

     1  shall be paid from the State Lottery Fund established by the act
     2  of August 26, 1971 (P.L.351, No.91), known as the "State Lottery
     3  Law." The State Treasurer shall annually transfer an amount not
     4  to exceed five hundred million dollars ($500,000,000) from the
     5  Property Tax Relief Fund under 4 Pa.C.S. § 1409 (relating to
     6  Property Tax Relief Fund) to the State Lottery Fund for payment
     7  of claims under section 4(a.1)(3) that exceed the amount of
     8  claims for property tax rebate and rent rebate in lieu of
     9  property taxes during calendar year 2005. Tax anticipation notes
    10  may be issued under Article XVI-A of the act of April 9, 1929
    11  (P.L.343, No.176), known as "The Fiscal Code," in anticipation
    12  of revenue deposited into the Property Tax Relief Fund as
    13  provided under 4 Pa.C.S. § 1409.
    14     Section 4.  This act shall take effect immediately.











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