PRIOR PRINTER'S NOS. 3338, 4025 PRINTER'S NO. 4184
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 AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 28, 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 IN COUNTIES OF THE SECOND CLASS A. <--
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 IN COUNTIES <--
8 OF THE SECOND CLASS A that revitalize areas and communities,
9 maximize use of local economic assets and create business and
10 employment opportunities for 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 OF A COUNTY OF THE SECOND CLASS A <--
25 which promotes redevelopment and revitalization of dilapidated
26 areas, upgrading of infrastructure or aesthetics and
27 beautification with the intent of creating or attracting
28 business activity and jobs for local residents.
29 Section 4. Optional fee increases.
30 (a) Recording fees.--The county commissioners or the
20020H2378B4184 - 2 -
1 governing body of each county, as defined in section 3, shall
2 have the power and may by ordinance increase the fees charged by
3 the recorder of deeds for recording deeds and mortgages under
4 the act of June 12, 1919 (P.L.476, No.240), referred to as the
5 Second Class County Recorder of Deeds Fee Law, and the act of
6 April 8, 1982 (P.L.310, No.87), referred to as the Recorder of
7 Deeds Fee Law.
8 (b) Limitation.--The additional fees levied by the county
9 commissioners shall not exceed 100% for affordable housing and <--
10 200% for economic development of the amounts charged on the
11 effective date of this act.
12 (c) Certain counties.--Counties that already have an
13 affordable housing program may increase fees levied up to 100%
14 for economic development of the amounts charged on the effective
15 date of this act. COMMISSIONERS FOR AFFORDABLE HOUSING OR IN <--
16 COUNTIES OF THE SECOND CLASS A FOR ECONOMIC DEVELOPMENT, SHALL <--
17 NOT EXCEED 100% OF THE AMOUNTS CHARGED [ON THE EFFECTIVE DATE OF
18 THIS ACT] FOR RECORDING DEEDS AND MORTGAGES.
19 Section 5. Disposition of proceeds.
20 All additional moneys raised under section 4 shall be
21 deposited in the general fund of the county and shall be
22 allocated as follows: A minimum of 85% or such higher amount as
23 may be determined by the county of the additional revenue shall
24 be set aside in a separate account to be used to fund affordable
25 housing efforts in the county. [Fifteen percent of the amount
26 allocated under this paragraph may be used by the county for the
27 administrative costs associated with the affordable housing
28 efforts.] In addition, if the economic development trust fund
29 option is exercised BY A COUNTY OF THE SECOND CLASS A, a minimum <--
30 of 85% or such higher amount as may be determined by the county
20020H2378B4184 - 3 -
1 of the additional revenue shall be set aside in a separate
2 account to be used to fund economic development efforts in the
3 county. In addition, up to 15% of the additional money raised
4 may be used by the county for the administrative costs
5 associated with affordable housing and economic development
6 efforts.
7 Section 2. The act is amended by adding a section to read:
8 Section 6.1. Economic development efforts IN COUNTIES OF THE <--
9 SECOND CLASS A.
10 Economic development efforts IN COUNTIES OF THE SECOND CLASS <--
11 A may include, but shall not be limited to:
12 (1) Providing matching funds to secure private, Federal
13 and State economic development funds.
14 (2) Assisting and supporting efforts by the
15 Commonwealth, developers and lending institutions to
16 redevelop or revitalize local areas.
17 (3) Supporting the efforts of municipalities in regard
18 to infrastructure and aesthetic improvements with grants and
19 zero percent loans for the purpose of retaining or expanding
20 their business base.
21 Section 3. This act shall take effect in 60 days.
A22L16MRD/20020H2378B4184 - 4 -