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        PRIOR PRINTER'S NO. 1137                      PRINTER'S NO. 1304

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 868 Session of 2005


        INTRODUCED BY SCARNATI, GORDNER, CORMAN, MADIGAN, RAFFERTY,
           D. WHITE, PIPPY, LEMMOND, COSTA, WOZNIAK, RHOADES AND
           ROBBINS, SEPTEMBER 26, 2005

        SENATOR M. WHITE, ENVIRONMENTAL RESOURCES AND ENERGY, AS
           AMENDED, NOVEMBER 1, 2005

                                     AN ACT

     1  Amending the act of May 17, 1929 (P.L.1798, No.591), entitled
     2     "An act providing a fixed charge, payable by the
     3     Commonwealth, on lands acquired by the State and the Federal
     4     Government for forest reserves, or for the purpose of
     5     preserving and perpetuating a portion of the original forests
     6     of Pennsylvania, and preserving and maintaining the same as
     7     public places and parks; and the distribution of the same for
     8     county, school, township, and road purposes in the counties,
     9     school districts, and townships where such forests are
    10     located; and making an appropriation," further providing for   <--
    11     INCREASING distribution of annual charge; and making an        <--
    12     editorial change. EDITORIAL CHANGES.                           <--

    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Section 1 of the act of May 17, 1929 (P.L.1798,
    16  No.591), referred to as the Forest Reserves Municipal Financial
    17  Relief Law, amended July 6, 1995 (P.L.320, No.49), is amended to
    18  read:
    19     Section 1.  Be it enacted, &c., That (a) from and after the
    20  passage of this act, all lands heretofore or hereafter acquired
    21  by the Commonwealth, or by the Government of the United States,
    22  for forest reserves or for the purpose of preserving and

     1  perpetuating any portion of the original forests of Pennsylvania
     2  and preserving and maintaining the same as public places and
     3  parks, and which, by existing laws, are now exempt from
     4  taxation, and all lands and property heretofore or hereafter
     5  acquired for the purpose of conservation of water, or to prevent
     6  flood conditions, upon which a tax is imposed by existing laws
     7  payable by the Commonwealth, shall hereafter be subject to an
     8  annual charge of [forty] one dollar and twenty cents per acre,
     9  for the benefit of the county in which said lands are located,
    10  [forty] one dollar and twenty cents per acre for the benefit of
    11  the schools in the respective school districts in which such
    12  lands are located, and [forty] one dollar and twenty cents per
    13  acre for the benefit of the township where such lands are
    14  located, which charge shall be payable by the Commonwealth. (b)
    15  Except as hereinafter provided, the annual charge payable by the
    16  Commonwealth on land acquired by the Government of the United
    17  States for forest reserves is to continue only until the
    18  receipts of money by treasurers and township supervisors of the
    19  said counties and school districts and townships in which
    20  national forest reserves are located, provided for in act of
    21  April twenty-seventh, one thousand nine hundred twenty-five,
    22  Pamphlet Laws, three hundred twenty-four, shall equal or exceed
    23  the amount paid by the Commonwealth in lieu of taxes. This
    24  subsection shall not apply to the annual charge per acre for the
    25  benefit of the county in which the land acquired by the
    26  Government of the United States for forest reserves is located
    27  for the years one thousand nine hundred fifty-three, one
    28  thousand nine hundred fifty-four, one thousand nine hundred
    29  fifty-five, one thousand nine hundred fifty-six, and this
    30  subsection shall not apply to two and one-half cents of the
    20050S0868B1304                  - 2 -     

     1  annual charge per acre for the benefit of the county in which
     2  the land acquired by the Government of the United States for
     3  forest reserves is located for any year thereafter. The charges
     4  for the benefit of the county for these years shall be paid by
     5  the Commonwealth. All charges payable by the Commonwealth under
     6  the provisions of this act shall be paid on or before the first
     7  day of September of each year.
     8     Section 2.  Section 2 of the act is amended to read:
     9     Section 2.  The Secretary of [Forests and Waters]
    10  Conservation and Natural Resources shall certify to the
    11  respective counties, school districts, and townships throughout
    12  the Commonwealth, in which such lands are located, the number of
    13  acres owned by the Commonwealth and the United States Government
    14  in each county, school district, or township, upon application
    15  of the treasurer or [road] TOWNSHIP supervisors of any of the     <--
    16  said counties, school districts, or townships, and the charge
    17  against the same; and shall furthermore certify to the State
    18  Treasurer the number of acres as aforesaid, and the charge
    19  against the same in favor of the respective counties, school
    20  districts and townships. The State Treasurer shall, upon
    21  requisition of the Secretary of [Forests and Waters]
    22  Conservation and Natural Resources, and the warrant of the
    23  Auditor General, pay to the several counties, school districts,
    24  and townships the amounts due the same from the Commonwealth,
    25  and derived under this act, upon due application therefor made
    26  by the treasurers or [road] TOWNSHIP supervisors of the said      <--
    27  counties, school districts and townships.
    28     Section 3.  This act shall take effect in 60 days JULY 1,      <--
    29  2006.

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