PRINTER'S NO. 140
No. 163 Session of 2001
INTRODUCED BY CURRY, ARMSTRONG, BEBKO-JONES, BELARDI, CAPPABIANCA, CIVERA, L. I. COHEN, SHANER, SURRA, THOMAS, WANSACZ, C. WILLIAMS, WOJNAROSKI, YOUNGBLOOD AND M. COHEN, JANUARY 23, 2001
REFERRED TO COMMITTEE ON FINANCE, JANUARY 23, 2001
AN ACT 1 Providing school district property tax exemption to certain 2 senior citizens, widows, widowers and permanently disabled 3 persons with limited incomes; providing for in-lieu-of-tax 4 payments; and providing for State reimbursement. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Senior 9 Citizen School Real Property Tax Exemption Act. 10 Section 2. Declaration of policy. 11 In recognition of the severe economic plight of senior 12 citizens, widows, widowers and permanently disabled persons who 13 are real property owners with fixed and limited incomes and who 14 are faced with rising living costs and constantly increasing 15 taxes which threaten their homesteads and self-sufficiency, the 16 General Assembly, pursuant to section 2(b)(iii) of Article VIII 17 of the Constitution of Pennsylvania, considers it to be a matter 18 of sound public policy to exempt such property owners from
1 certain school district taxes to enable them to remain in 2 peaceable possession of their homes and relieve their economic 3 burdens. 4 Section 3. Definitions. 5 The following words and phrases when used in this act shall 6 have the meanings given to them in this section unless the 7 context clearly indicates otherwise: 8 "Claimant." A person who files a claim for real property tax 9 exemption and was: 10 (1) 65 years of age or older, or whose spouse, if a 11 member of the household, was 65 years of age or older, during 12 a calendar year in which real property taxes were due and 13 payable; 14 (2) a widow or widower and was 50 years of age or older 15 during a calendar year in which real property taxes were due 16 and payable; or 17 (3) a permanently disabled person 18 years of age or 18 older during a calendar year in which real property taxes 19 were due and payable. 20 "Homestead." An owned dwelling and as much of the land 21 surrounding it as is reasonably necessary for use of the 22 dwelling as a home occupied by a claimant. The term includes all 23 of the following: 24 (1) Premises occupied by reason of ownership in a 25 cooperative housing corporation, mobile homes which are 26 assessed as realty for local real property tax purposes and 27 the land, if owned by the claimant, upon which the mobile 28 home is situated and other similar living accommodations, as 29 well as a part of a multidwelling or multipurpose building 30 and a part of the land upon which it is built. 20010H0163B0140 - 2 -
1 (2) Premises occupied by reason of the claimant's 2 ownership of a dwelling located on land owned by a nonprofit 3 incorporated association, of which the claimant is a member, 4 if the claimant is required to pay a pro rata share of the 5 real property taxes levied against the association's land. 6 (3) Premises occupied by a claimant if the claimant is 7 required by law to pay a real property tax by reason of his 8 ownership, including a possessory interest, in the dwelling, 9 the land or both. 10 An owner includes a person in possession under a contract of 11 sale, deed of trust, life, estate, joint tenancy or tenancy in 12 common or by reason of statutes of descent and distribution. 13 "Household income." Household income defined in the act of 14 March 11, 1971 (P.L.104, No.3), known as the Senior Citizens 15 Rebate and Assistance Act. 16 "Permanently disabled person." A person who is unable to 17 engage in any substantial gainful activity by reason of any 18 medically determinable physical or mental impairment which can 19 be expected to continue indefinitely. 20 "Real property taxes." All school district taxes on a 21 homestead, exclusive of municipal assessments, delinquent 22 charges and interest, due and payable during a calendar year. 23 "Widow" or "widower." The surviving wife or the surviving 24 husband, as the case may be, of a deceased individual and who 25 has not remarried. 26 Section 4. Property tax exemption. 27 (a) Amount of exemption.--The amount of any claim for real 28 property tax exemption shall be determined in accordance with 29 the following schedule: 30 Household Income Percentage of Real Estate Tax Exemption 20010H0163B0140 - 3 -
1 $ 0 - $14,999 100% 2 15,000 - 19,999 90% 3 20,000 - 24,999 75% 4 25,000 - 29,999 60% 5 30,000 - 34,999 40% 6 35,000 - 39,999 20% 7 (b) Time period for filing.--The claimant must file claim 8 for exemption with the taxing school district within two months 9 of receipt of a real property tax bill. 10 (c) Income basis.--Income for a claim of exemption shall be 11 the income of the prior calendar year. 12 (d) Partial occupation of homestead.--If a homestead is 13 owned and occupied by an eligible claimant for only a portion of 14 a year, the school district shall apportion the real estate 15 taxes in accordance with the period for which the claimant was 16 eligible. 17 Section 5. In-lieu-of-tax payment. 18 All claimants filing a claim for exemption shall include an 19 in-lieu-of-tax payment of 1% of the household income used in 20 making such claim. 21 Section 6. Proof of claim. 22 School districts may require proof of claim as required in 23 the act of March 11, 1971 (P.L.104, No.3), known as the Senior 24 Citizens Rebate and Assistance Act. 25 Section 7. Incorrect claim. 26 Whenever a school district finds a claim to be incorrectly 27 determined, the school district shall redetermine the correct 28 amount of the claim and notify the claimant of the reason for 29 the redetermination and the amount of the correct claim. 30 Section 8. Fraudulent claim. 20010H0163B0140 - 4 -
1 (a) Claim rejection.--In any case in which a claim is 2 excessive and was filed with fraudulent intent, the claim shall 3 be disallowed in full and a penalty of 25% of the amount claimed 4 shall be imposed. The penalty and the amount of the disallowed 5 claim, if the claim has been paid, shall bear interest at the 6 rate of 1/2 of 1% per month from the date of the claim until 7 repaid. 8 (b) Penalty.--The preparation of or filing of a fraudulent 9 claim shall be a misdemeanor, punishable by a fine of not more 10 than $1,000 or a term of imprisonment of not more than one year, 11 or both. 12 (c) Disallowance of claim.--A claim shall be disallowed if 13 the claimant received title to the homestead primarily for the 14 purpose of receiving a real property tax exemption. 15 Section 9. State reimbursement. 16 All school districts shall report to the Department of 17 Revenue the amount of exemptions granted under this act, within 18 three months of granting such exemptions. The Commonwealth shall 19 pay the full amount of such exemptions to the school district 20 within 60 days of the report. The Commonwealth payment shall be 21 for real property tax exemption only. No administrative costs 22 shall be reimbursed. 23 Section 10. Regulations. 24 The Secretary of Revenue may promulgate such rules and 25 regulations as necessary to administer this act. 26 Section 11. Application. 27 Exemption shall begin with the school district real estate 28 taxes due on or after July 1 next succeeding the effective date 29 of this act. 30 Section 12. Effective date. 20010H0163B0140 - 5 -
1 This act shall take effect in 60 days. L13L72DMS/20010H0163B0140 - 6 -