PRINTER'S NO. 1392
No. 1114 Session of 2001
INTRODUCED BY GERLACH, MADIGAN, HELFRICK, KUKOVICH, LEMMOND,
LAVALLE, MOWERY, ERICKSON, GREENLEAF, CONTI, ORIE, BOSCOLA,
SCHWARTZ, THOMPSON AND RHOADES, OCTOBER 9, 2001
REFERRED TO AGRICULTURE AND RURAL AFFAIRS, OCTOBER 9, 2001
AN ACT
1 Amending the act of June 30, 1981 (P.L.128, No.43), entitled "An
2 act authorizing the creation of agricultural areas," further
3 providing for purchase of agricultural conservation
4 easements.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 14.1 of the act of June 30, 1981
8 (P.L.128, No.43), known as the Agricultural Area Security Law,
9 amended November 23, 1994 (P.L.621, No.96), is amended by adding
10 a subsection to read:
11 Section 14.1. Purchase of agricultural conservation easements.
12 * * *
13 (g.1) State board matching funds.--
14 (1) The State board shall pay to each county board that
15 files a request $1 for every $2 dedicated by the county board
16 for the purchase of an agricultural conservation easement by
17 the county board, provided that $1 of the county board share
18 of $2 must be raised by the county and $1 by the municipality
1 in which the agricultural conservation easement is to be
2 located and the State board matching funds of $1 must be used
3 to purchase the agricultural conservation easement.
4 (2) Notwithstanding any other provision of law to the
5 contrary, the State realty transfer tax collected by the
6 Commonwealth under Article XI-C of the act of March 4, 1971
7 (P.L.6, No.2), known as the Tax Reform Code of 1971, shall be
8 used by the State board to pay the State board matching funds
9 required by this subsection provided that:
10 (i) No county board may receive annually from the
11 State board an amount greater than 15% of the State
12 realty transfer tax collected from that county in the
13 previous year.
14 (ii) The State board may not use greater than 10% of
15 the total State realty transfer tax collected in any year
16 and annual distribution under this subsection shall occur
17 by giving priority to requests received first in time.
18 (3) The moneys received and used under this subsection
19 shall be in addition to and not in lieu of any other moneys
20 used or provided to the county board under this act and the
21 statutory and regulatory criteria and requirements used to
22 determine eligibility for the agricultural conservation
23 easement program set forth in this act may be applied or
24 waived in whole or in part by the municipality and county
25 board for purposes of purchasing an agricultural conservation
26 easement under this subsection.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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