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        PRIOR PRINTER'S NO. 42                          PRINTER'S NO. 63

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 40 Special Session No. 1 of 2005


        INTRODUCED BY QUIGLEY, YEWCIC, ROHRER, DENLINGER, LEH, WILT,
           ALLEN, ARMSTRONG, BALDWIN, BASTIAN, BIRMELIN, BUNT,
           CALTAGIRONE, CAPPELLI, CLYMER, CREIGHTON, DIVEN, FORCIER,
           GILLESPIE, GOODMAN, HARRIS, HERSHEY, KAUFFMAN, MACKERETH,
           MARSICO, McILHATTAN, R. MILLER, S. MILLER, MUSTIO, PICKETT,
           PYLE, RAPP, ROBERTS, SATHER, SAYLOR, SCHRODER, SEMMEL, STEIL,
           STERN AND T. STEVENSON, OCTOBER 24, 2005

        AS REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
           REPRESENTATIVES, AS AMENDED, NOVEMBER 14, 2005

                                     AN ACT

     1  Amending the act of March 11, 1971 (P.L.104, No.3), entitled, as
     2     amended, "An act providing property tax or rent rebate and
     3     inflation dividends to certain senior citizens, widows,
     4     widowers and permanently disabled persons with limited
     5     incomes; establishing uniform standards and qualifications
     6     for eligibility to receive rebates and dividends; providing
     7     for transportation assistance grants and grants to area
     8     agencies on aging for services to older persons; and imposing
     9     duties upon the Department of Revenue," further providing for
    10     property tax and rent rebate eligibility.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 4(a.1) of the act of March 11, 1971        <--
    14  (P.L.104, No.3), known as the Senior Citizens Rebate and
    15  Assistance Act, reenacted and amended December 21, 1979
    16  (P.L.570, No.131) and amended July 11, 1985 (P.L.207, No.53), is
    17  amended and the section is amended by adding a subsection to
    18  read:
    19     Section 4.  Property Tax; Rent Rebate and Inflation Cost.--

     1     (a.1)  (1)  The amount of any claim for property tax rebate
     2  or rent rebate in lieu of property taxes for real property taxes
     3  or rent due and payable during calendar years 1981, 1982, 1983
     4  and 1984 shall be determined in accordance with the following
     5  schedule:
     6                             Percentage of Real Property Taxes or
     7                                 Rent Rebate in Lieu of
     8     Household Income        Property Taxes Allowed as Rebate
     9      $    0 - $4,999                         100%
    10       5,000 -  5,999                          80
    11       6,000 -  6,999                          60
    12       7,000 -  7,999                          40
    13       8,000 -  8,999                          20
    14       9,000 - 11,999                          10
    15     (2)  The amount of any claim for property tax rebate or rent
    16  rebate in lieu of property taxes for real property taxes or rent
    17  due and payable during calendar year 1985 and thereafter, unless
    18  paragraph (3) applies, shall be determined in accordance with
    19  the following schedule:
    20                             Percentage of Real Property Taxes or
    21                                 Rent Rebate in Lieu of
    22     Household Income        Property Taxes Allowed as Rebate
    23      $    0 - $4,999                        100%
    24       5,000 -  5,499                        100
    25       5,500 -  5,999                         90
    26       6,000 -  6,499                         80
    27       6,500 -  6,999                         70
    28       7,000 -  7,499                         60
    29       7,500 -  7,999                         50
    30       8,000 -  8,499                         40
    20051H0040B0063                  - 2 -     

     1       8,500 -  8,999                         35
     2       9,000 -  9,999                         25
     3      10,000 - 11,999                         20
     4      12,000 - 12,999                         15
     5      13,000 - 15,000                         10
     6     (3)  The amount of any claim for property tax rebate for real
     7  property taxes due and payable during calendar year 2006 and
     8  thereafter in which imposition of school real property tax is
     9  prohibited by law shall be zero.
    10     * * *
    11     (f)  (1)  The amount of money expended by the department on
    12  the payment of real property tax rebates during calendar year
    13  2007 and, in each year thereafter, as annually adjusted by the
    14  department in accordance with this subsection, shall be expended
    15  to expand eligibility for the thirteen thousand-fifteen thousand
    16  dollars ($13,000-$15,000) category of rent rebates in lieu of
    17  taxes. The department shall increase such eligibility by raising
    18  the maximum limit on household income from fifteen thousand
    19  dollars ($15,000) per year to a maximum household income
    20  threshold which can be financed pursuant to this paragraph for
    21  the applicable calendar year.
    22     (2)  No claimant shall be entitled to a rent rebate payment
    23  pursuant to this subsection for any calendar year to the extent
    24  that such payment would cause the total rent rebate in lieu of
    25  taxes received pursuant to this section in that calendar year to
    26  exceed the school real property tax portion of the rent rebate
    27  in lieu of taxes as calculated in this paragraph. The school
    28  real property tax portion of the rent rebate in lieu of taxes
    29  shall be determined by calculating the Statewide percentage of
    30  real estate tax revenues that were derived from the school real
    20051H0040B0063                  - 3 -     

     1  property tax in calendar year 2006.
     2     (3)  For each calendar year following calendar year 2007, the
     3  department shall determine the amount of the State lottery funds
     4  to be expended for purposes of this subsection by increasing or
     5  reducing the amount determined for the preceding calendar year
     6  by a percentage which shall be determined by calculating the
     7  percentage increase or decrease in revenues derived from
     8  nonschool real property taxes throughout this Commonwealth from
     9  the preceding calendar year.
    10     (4)  Nothing in this subsection shall be construed to reduce
    11  the amount of a rent rebate in lieu of taxes payment or
    12  inflation dividend for which an eligible claimant qualified
    13  pursuant to subsection (a.1)(2) or (a.2)(2).
    14     (5)  This subsection shall only apply to eligible claimants
    15  residing in school districts where the rate of school real
    16  property taxes is required by act of the General Assembly to be
    17  reduced during the entire calendar year for which a claim is
    18  made pursuant to this subsection.
    19     Section 2.  This act shall take effect immediately.
    20     SECTION 1.  SECTION 4(A.1) AND (B) OF THE ACT OF MARCH 11,     <--
    21  1971 (P.L.104, NO.3), KNOWN AS THE SENIOR CITIZENS REBATE AND
    22  ASSISTANCE ACT, REENACTED AND AMENDED DECEMBER 21, 1979
    23  (P.L.570, NO.131) AND AMENDED MARCH 10, 1982 (P.L.177, NO.56)
    24  AND JULY 11, 1985 (P.L.207, NO.53), ARE AMENDED TO READ:
    25     SECTION 4.  PROPERTY TAX; RENT REBATE AND INFLATION COST.--
    26     (A.1)  (1)  THE AMOUNT OF ANY CLAIM FOR PROPERTY TAX REBATE
    27  OR RENT REBATE IN LIEU OF PROPERTY TAXES FOR REAL PROPERTY TAXES
    28  OR RENT DUE AND PAYABLE DURING CALENDAR YEARS 1981, 1982, 1983
    29  AND 1984 SHALL BE DETERMINED IN ACCORDANCE WITH THE FOLLOWING
    30  SCHEDULE:
    20051H0040B0063                  - 4 -     

     1                             PERCENTAGE OF REAL PROPERTY TAXES OR
     2                                 RENT REBATE IN LIEU OF
     3     HOUSEHOLD INCOME        PROPERTY TAXES ALLOWED AS REBATE
     4      $    0 - $4,999                         100%
     5       5,000 -  5,999                          80
     6       6,000 -  6,999                          60
     7       7,000 -  7,999                          40
     8       8,000 -  8,999                          20
     9       9,000 - 11,999                          10
    10     (2)  THE AMOUNT OF ANY CLAIM FOR PROPERTY TAX REBATE OR RENT
    11  REBATE IN LIEU OF PROPERTY TAXES FOR REAL PROPERTY TAXES OR RENT
    12  DUE AND PAYABLE DURING CALENDAR YEAR 1985 [AND THEREAFTER]
    13  THROUGH CALENDAR YEAR 2008 SHALL BE DETERMINED IN ACCORDANCE
    14  WITH THE FOLLOWING SCHEDULE:
    15                             PERCENTAGE OF REAL PROPERTY TAXES OR
    16                                 RENT REBATE IN LIEU OF
    17     HOUSEHOLD INCOME        PROPERTY TAXES ALLOWED AS REBATE
    18      $    0 - $4,999                        100%
    19       5,000 -  5,499                        100
    20       5,500 -  5,999                         90
    21       6,000 -  6,499                         80
    22       6,500 -  6,999                         70
    23       7,000 -  7,499                         60
    24       7,500 -  7,999                         50
    25       8,000 -  8,499                         40
    26       8,500 -  8,999                         35
    27       9,000 -  9,999                         25
    28      10,000 - 11,999                         20
    29      12,000 - 12,999                         15
    30      13,000 - 15,000                         10
    20051H0040B0063                  - 5 -     

     1     (3)  THE AMOUNT OF ANY CLAIM FOR RENT REBATE IN LIEU OF
     2  PROPERTY TAXES FOR RENT DUE AND PAYABLE DURING CALENDAR YEAR
     3  2009 AND THEREAFTER SHALL BE DETERMINED IN ACCORDANCE WITH THE
     4  FOLLOWING SCHEDULE:
     5                             PERCENTAGE OF RENT REBATE IN LIEU OF
     6                                 PROPERTY TAXES ALLOWED AS REBATE
     7     HOUSEHOLD INCOME
     8      $    0 - $10,000                       100%
     9      10,001 -  11,499                        90
    10      11,500 -  12,999                        80
    11      13,000 -  13,999                        70
    12      14,000 -  14,999                        60
    13      15,000 -  15,999                        50
    14      16,000 -  16,999                        40
    15      17,000 -  17,999                        30
    16      18,000 -  18,999                        20
    17      19,000 -  20,000                        10
    18     * * *
    19     (B)  NO CLAIM SHALL BE ALLOWED IF THE AMOUNT OF PROPERTY TAX
    20  OR RENT REBATE COMPUTED IN ACCORDANCE WITH THIS SECTION IS LESS
    21  THAN TEN DOLLARS ($10), AND THE MAXIMUM AMOUNT OF PROPERTY TAX
    22  OR RENT REBATE PAYABLE SHALL NOT EXCEED FIVE HUNDRED DOLLARS
    23  ($500)[.] FOR CLAIMS FOR CALENDAR YEARS UP TO AND INCLUDING
    24  CALENDAR YEAR 2008. FOR CALENDAR YEARS 2009 AND THEREAFTER THE
    25  MAXIMUM AMOUNT OF RENT REBATE PAYABLE SHALL NOT EXCEED SEVEN
    26  HUNDRED FIFTY DOLLARS ($750). NO CLAIMANT SHALL BE ELIGIBLE FOR
    27  A PROPERTY TAX REBATE FOR REAL PROPERTY TAXES DUE AND PAYABLE
    28  DURING CALENDAR YEAR 2009 AND THEREAFTER.
    29     * * *
    30     SECTION 2.  THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
    J20L72DMS/20051H0040B0063        - 6 -