SENATE AMENDED
PRIOR PRINTER'S NOS. 3338, 4025, 4184 PRINTER'S NO. 4352
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
SENATOR PUNT, COMMUNITY AND ECONOMIC DEVELOPMENT, IN SENATE, AS
AMENDED, OCTOBER 1, 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
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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 for affordable housing or in counties of the <--
10 second class A for economic development, shall not exceed 100%
11 of the amounts charged [on the effective date of this act] for
12 recording deeds and mortgages.
13 Section 5. Disposition of proceeds.
14 All additional moneys raised under section 4 shall be
15 deposited in the general fund of the county and shall be
16 allocated as follows: A minimum of 85% or such higher amount as
17 may be determined by the county of the additional revenue shall
18 be set aside in a separate account to be used to fund affordable
19 housing efforts in the county. [Fifteen percent of the amount
20 allocated under this paragraph may be used by the county for the
21 administrative costs associated with the affordable housing
22 efforts.] In addition, if the economic development trust fund
23 option is exercised by a county of the second class A, a minimum <--
24 of 85% or such higher amount as may be determined by the county
25 of the additional revenue shall be set aside in a separate
26 account to be used to fund economic development efforts in the
27 county. In addition, up to 15% of the additional money raised
28 may be used by the county for the administrative costs
29 associated with affordable housing and economic development
30 efforts.
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1 Section 2. The act is amended by adding a section to read:
2 Section 6.1. Economic development efforts in counties of the <--
3 second class A.
4 Economic development efforts in counties of the second class <--
5 A may include, but shall not be 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.
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