See other bills
under the
same topic
        PRIOR PRINTER'S NOS. 2351, 2811               PRINTER'S NO. 4194

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1600 Session of 2007


        INTRODUCED BY LEVDANSKY, SCAVELLO, SIPTROTH, McCALL, DeWEESE,
           KESSLER, SEIP, GALLOWAY, GIBBONS, PEIFER, SANTONI,
           VULAKOVICH, YOUNGBLOOD, BEYER, BIANCUCCI, BRENNAN, BUXTON,
           CALTAGIRONE, CARROLL, CURRY, DePASQUALE, DERMODY, GERGELY,
           GILLESPIE, GOODMAN, HALUSKA, HERSHEY, HORNAMAN, KORTZ, KOTIK,
           MACKERETH, MAHONEY, R. MILLER, PETRONE, PRESTON, READSHAW,
           K. SMITH, STABACK, SURRA, THOMAS, WALKO, YUDICHAK, RAMALEY,
           GRUCELA AND MOYER, JULY 17, 2007

        AS AMENDED, HOUSE OF REPRESENTATIVES, JANUARY 29, 2008, AND RE-
           REPORTED FROM COMMITTEE ON FINANCE, AS AMENDED, JULY 3, 2008

                                     AN ACT

     1  Providing for supplemental State-funded tax relief; and           <--
     2     establishing the Personal Income Tax Surcharge Fund.
     3  PROVIDING FOR THE ELIMINATION OF PROPERTY TAX FOR OLDER           <--
     4     PENNSYLVANIANS, FOR A ONE-YEAR CAP ON REAL PROPERTY TAX
     5     INCREASES FOR SCHOOL PROPERTY TAX PURPOSES AND FOR THE
     6     ELIMINATION OF AUTHORITY TO LEVY REAL PROPERTY TAXES FOR THE
     7     SUPPORT OF PUBLIC SCHOOLS; IMPOSING ADDITIONAL DUTIES ON THE
     8     DEPARTMENT OF EDUCATION; PROVIDING FOR THE TRANSFER OF
     9     CERTAIN FUNDS; AND MAKING RELATED REPEALS.

    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12                             CHAPTER 1                              <--
    13                       PRELIMINARY PROVISIONS
    14  Section 101.  Short title.
    15     This act shall be known and may be cited as the Supplemental
    16  Homeowner Property Tax Relief Act.
    17  Section 102.  Definitions.
    18     The following words and phrases when used in this act shall

     1  have the meanings given to them in this section unless the
     2  context clearly indicates otherwise:
     3     "Allocation maximum."  A numerical value of 0.15.
     4     "Allocation minimum."  A numerical value of 0.12.
     5     "Average daily membership."  As used in the act of March 10,
     6  1949 (P.L.30, No.14), known as the Public School Code of 1949.
     7     "Department."  The Department of Education of the
     8  Commonwealth.
     9     "Equalized millage."  The term shall have the same usage as
    10  defined in section 2501(9.2) of the act of March 10, 1949
    11  (P.L.30, No.14), known as the Public School Code of 1949.
    12     "Farmstead."  As defined in 53 Pa.C.S. § 8582 (relating to
    13  definitions).
    14     "Fund."  The Personal Income Tax Surcharge Fund.
    15     "Homestead."  As defined in 53 Pa.C.S. § 8401 (relating to
    16  definitions).
    17     "Real property tax liability."  The assessed value of the
    18  real property of the taxpayer multiplied by the millage rate of
    19  the school district.
    20     "School district."  A school district of the first class,
    21  first class A, second class, third class or fourth class.
    22     "School district of the first class."  Includes the governing
    23  body of a city of the first class.
    24     "Secretary."  The Secretary of the Budget of the
    25  Commonwealth.
    26     "Tax Reform Code."  The act of March 4, 1971 (P.L.6, No.2),
    27  known as the Tax Reform Code of 1971.
    28     "Taxpayer."  A person required to pay a real property tax.
    29     "Taxpayer Relief Act."  The act of June 27, 2006 (1st
    30  Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act.
    20070H1600B4194                  - 2 -     

     1                             CHAPTER 3
     2                 PERSONAL INCOME TAX SURCHARGE FUND
     3  Section 301.  Establishment.
     4     There is hereby established in the State Treasury a
     5  restricted receipts account to be known as the Personal Income
     6  Tax Surcharge Fund.
     7  Section 302.  Nonlapse.
     8     The money in the fund is continuously appropriated to the
     9  fund and shall not lapse at the end of any fiscal year.
    10                             CHAPTER 5
    11                           STATE TAXATION
    12  Section 501.  Sales and use surtax.
    13     In addition to the tax imposed under Article II of the Tax
    14  Reform Code, there shall be a surtax equal to .5% imposed on the
    15  purchase price of property and services subject to taxation
    16  under Article II of the Tax Reform Code. The surtax shall be in
    17  addition to the tax imposed under Article II of the Tax Reform
    18  Code.
    19  Section 502.  Construction.
    20     The sales and use surtax imposed by this chapter shall be in
    21  addition to any tax imposed under Article II of the Tax Reform
    22  Code. The provisions of Article II of the Tax Reform Code shall
    23  apply to the definitions, imposition and implementation of the
    24  surtax.
    25  Section 503.  Computation of sales and use tax.
    26     Within 30 days of the effective date of this section, the
    27  Department of Revenue shall establish a schedule for the
    28  computation of the State sales and use tax and the State sales
    29  and use surtax as established under this chapter. The Department
    30  of Revenue shall publish the schedule providing for the
    20070H1600B4194                  - 3 -     

     1  computation of the State sales and use tax and the State sales
     2  and use surtax in the next succeeding publication of the
     3  Pennsylvania Bulletin following establishment of the schedule.
     4  Section 504.  Personal income surtax.
     5     In addition to the tax imposed under Article III of the Tax
     6  Reform Code, there shall be a surtax equal to 0.22% imposed on
     7  the taxable income of resident and nonresident individuals as
     8  provided for under Article III of the Tax Reform Code. The
     9  surtax shall be in addition to the tax imposed under Article III
    10  of the Tax Reform Code.
    11  Section 505.  Construction.
    12     The personal income surtax imposed by this chapter shall be
    13  in addition to any tax imposed under Article III of the Tax
    14  Reform Code. The provisions of Article III of the Tax Reform
    15  Code shall apply to the definitions, imposition and
    16  implementation of the surtax.
    17  Section 506.  Notification of personal income surtax.
    18     The Department of Revenue shall publish the personal income
    19  tax rate along with the personal income surtax rate in the next
    20  succeeding publication of the Pennsylvania Bulletin following
    21  the effective date of this section.
    22  Section 507.  Transfer to fund.
    23     (a)  Personal income surtax revenues.--Within 30 days of the
    24  close of any calendar month, all revenue generated in the
    25  previous month from the personal income surtax imposed under
    26  this chapter shall be transferred to the fund.
    27     (b)  Sales and use surtax revenues.--Within 30 days of the
    28  close of any calendar month, all revenue generated in the
    29  previous month from the sales and use surtax imposed under this
    30  chapter shall be transferred to the Property Tax Relief Fund
    20070H1600B4194                  - 4 -     

     1  established in the State Treasury.
     2                             CHAPTER 7
     3                              FORMULA
     4  Section 701.  Certification.
     5     (a)  Initial.--By February 15, 2008, the secretary shall
     6  certify the total amount of revenue that is reasonably projected
     7  to be deposited into the fund for the period through June 30,
     8  2009.
     9     (b)  Annual.--Beginning by February 15, 2009, and each
    10  February 15 thereafter, the secretary shall certify the total
    11  amount of revenue that is reasonably expected to be deposited
    12  into the fund during the immediately following fiscal year.
    13     (c)  Excess.--If the actual revenue deposited into the fund
    14  in any one fiscal year exceeds the amount certified in this
    15  section, any revenue in excess of projections shall remain in
    16  the fund and shall be included in the certification for the
    17  subsequent fiscal year.
    18     (d)  Shortage.--If the actual revenue deposited into the fund
    19  in any one fiscal year is less than the amount certified in this
    20  section, the amount certified for the subsequent fiscal year
    21  shall be reduced by the difference between the amount certified
    22  and the actual revenue deposited.
    23  Section 702.  Notification.
    24     By February 20, 2008, and each February 20 thereafter, the
    25  secretary shall notify the department of the amount certified
    26  pursuant to section 701 for calculation of the allocation for
    27  each school district under section 703.
    28  Section 703.  State allocation.
    29     (a)  Calculation.--The department shall calculate the State
    30  allocation pursuant to this chapter for each school district as
    20070H1600B4194                  - 5 -     

     1  follows:
     2         (1)  For the 2008-2009 fiscal year:
     3             (i)  Multiply the school district's 2005-2006 average
     4         daily membership by the school district's 2005-2006
     5         equalized millage.
     6             (ii)  Multiply the product under subparagraph (i) by
     7         the dollar amount necessary to allocate all of the money
     8         in the fund as certified under section 701.
     9             (iii)  If the allocation under this paragraph is less
    10         than the product of the residential property taxes
    11         collected during the 2005-2006 fiscal year and the
    12         allocation minimum for a school district, the school
    13         district shall receive an additional amount so that the
    14         total allocation under this paragraph is equal to the
    15         product of the residential property taxes collected
    16         during the 2005-2006 fiscal year and the allocation
    17         minimum.
    18             (iv)  If the allocation under this paragraph is
    19         greater than the product of the residential property
    20         taxes collected during the 2005-2006 fiscal year and the
    21         allocation maximum for a school district, the school
    22         district shall receive a total allocation equal to the
    23         product of the residential property taxes collected
    24         during the 2005-2006 fiscal year and the allocation
    25         maximum.
    26         (2)  For subsequent fiscal years:
    27             (i)  Multiply the school district's average daily
    28         membership for the third fiscal year immediately
    29         preceding the fiscal year for which the allocation is
    30         being made by the school district's equalized millage for
    20070H1600B4194                  - 6 -     

     1         the third fiscal year immediately preceding the fiscal
     2         year for which the allocation is being made.
     3             (ii)  Multiply the product under subparagraph (i) by
     4         the dollar amount necessary to allocate all of the money
     5         in the fund as certified under section 701.
     6             (iii)  If the allocation under this paragraph is less
     7         than the product of the residential property taxes
     8         collected during the third fiscal year immediately
     9         preceding the fiscal year for which the allocation is
    10         being made and the allocation minimum for a school
    11         district, the school district shall receive an additional
    12         amount so that the total allocation under this paragraph
    13         is equal to the product of the residential property taxes
    14         collected during the third fiscal year immediately
    15         preceding the fiscal year for which the allocation is
    16         being made and the allocation minimum.
    17             (iv)  If the allocation under this paragraph is
    18         greater than the product of the residential property
    19         taxes collected during the third fiscal year immediately
    20         preceding the fiscal year for which the allocation is
    21         being made and the allocation maximum for a school
    22         district, the school district shall receive a total
    23         allocation equal to the product of the residential
    24         property taxes collected during the third fiscal year
    25         immediately preceding the fiscal year for which the
    26         allocation is being made and the allocation maximum.
    27     (b)  Notice.--By March 15, 2008, and each March 15
    28  thereafter, the department shall notify each school district of
    29  the amount of the State allocation it is eligible to receive.
    30     (c)  Payment.--For each fiscal year commencing after June 30,
    20070H1600B4194                  - 7 -     

     1  2008, the department shall pay from the fund to each school
     2  district a State allocation, which shall be divided into two
     3  payments. The first payment, which shall be equal to 80% of the
     4  district's State allocation, shall be made on the last Thursday
     5  of August. The second payment, which shall equal the remainder
     6  of the State allocation, shall be made on the last Thursday of
     7  October.
     8     (d)  Cities of the first class.--The State allocation for a
     9  school district of the first class shall be paid by the
    10  department to a city of the first class for use by the city for
    11  the reimbursement of lost real property tax revenues pursuant to
    12  the act of July 2, 1996 (P.L.529, No.91), entitled "An act
    13  implementing the provisions of section 2(b)(ii) of Article VIII
    14  of the Constitution of Pennsylvania by authorizing cities of the
    15  first class to provide for special tax provisions relating to
    16  real property taxes for certain persons who meet the established
    17  standards and qualifications for age and poverty," and, in
    18  accordance with 53 Pa.C.S. § 8584 (relating to administration
    19  and procedure), to provide for homestead and farmstead
    20  exclusions.
    21                             CHAPTER 9
    22                 HOMESTEAD AND FARMSTEAD EXCLUSION
    23  Section 901.  Homestead and farmstead exclusion process.
    24     (a)  Calculation.--Each year in which a school district
    25  receives a local property tax reduction allocation pursuant to
    26  this act or the Taxpayer Relief Act, the school district shall
    27  calculate a homestead and farmstead exclusion which is equal to
    28  the lesser of:
    29         (1)  the maximum amount of homestead or farmstead
    30     exclusion authorized by 53 Pa.C.S. § 8586 (relating to
    20070H1600B4194                  - 8 -     

     1     limitations); or
     2         (2)  the amount of State allocation the district is
     3     eligible to receive.
     4     (b)  Resolution.--The school district shall adopt a
     5  resolution implementing the homestead and farmstead exclusion
     6  calculated under subsection (a). The resolution shall state the
     7  maximum amount of homestead or farmstead exclusion an owner of a
     8  homestead or farmstead may receive. A resolution may not
     9  authorize a homestead or farmstead exclusion which exceeds the
    10  amount authorized by 53 Pa.C.S. § 8586. The requirements of this
    11  subsection shall not be construed to require more than one
    12  resolution adoption for implementing homestead and farmstead
    13  exclusions. Where such requirements exist in other acts, they
    14  shall be administered in conjunction with this subsection.
    15  Section 902.  School district tax notices.
    16     (a)  Tax notice.--School districts shall itemize the
    17  homestead and farmstead exclusion on tax bills sent to homestead
    18  and farmstead owners, indicating the original amount of real
    19  property tax liability, the amount of the exclusion and the net
    20  amount of tax due after the exclusion is applied. The tax bill
    21  shall be easily understandable and include a notice pursuant to
    22  subsection (b).
    23     (b)  Notice of property tax relief.--School districts shall
    24  include with the homestead or farmstead owner's tax bill a
    25  notice that the tax bill includes a homestead or farmstead
    26  exclusion.
    27                             CHAPTER 11
    28                                DEBT
    29  Section 1101.  Borrowing.
    30     Tax anticipation notes may be issued under Article XVI-A of
    20070H1600B4194                  - 9 -     

     1  the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal
     2  Code, in anticipation of revenue under this act which is
     3  authorized to be transferred to the fund under section 507.
     4                             CHAPTER 52
     5                      MISCELLANEOUS PROVISIONS
     6  Section 5201.  Effective date.
     7     This act shall take effect as follows:
     8         (1)  Sections 501, 502, 503, 504, 505 and 506 shall take
     9     effect July 1, 2008.
    10         (2)  The remainder of this act shall take effect
    11     immediately.
    12  SECTION 1.  SHORT TITLE.                                          <--
    13     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE OLDER
    14  PENNSYLVANIANS PROPERTY TAX ELIMINATION ACT.
    15  SECTION 2.  LEGISLATIVE INTENT AND PURPOSE.
    16         (1)  THE GENERAL ASSEMBLY, IN RECOGNITION OF THE POWERS
    17     CONTAINED IN SECTION 2(B)(II) OF ARTICLE VIII OF THE
    18     CONSTITUTION OF PENNSYLVANIA, WHICH PROVIDES FOR THE
    19     ESTABLISHMENT AS A CLASS OR CLASSES OF SUBJECTS OF TAXATION
    20     ON THE PROPERTY OR PRIVILEGES OF PERSONS WHO, BECAUSE OF
    21     POVERTY, ARE DETERMINED TO BE IN NEED OF SPECIAL TAX
    22     PROVISIONS, DECLARES AS ITS LEGISLATIVE INTENT AND PURPOSE TO
    23     IMPLEMENT THAT POWER UNDER THAT CONSTITUTIONAL PROVISION BY
    24     ESTABLISHING SPECIAL TAX PROVISIONS AS PROVIDED UNDER THIS
    25     ACT.
    26         (2)  THE GENERAL ASSEMBLY, HAVING DETERMINED THAT THERE
    27     ARE PERSONS WITHIN THIS COMMONWEALTH WHOSE AGES AND INCOMES
    28     ARE SUCH THAT IMPOSITION OF A PROPERTY TAX ON THEM WOULD
    29     DEPRIVE THEM OF THE BARE NECESSITIES OF LIFE, DEEMS IT TO BE
    30     A MATTER OF PUBLIC POLICY TO PROVIDE SPECIAL TAX PROVISIONS
    20070H1600B4194                 - 10 -     

     1     FOR THAT CLASS OF PERSONS TO RELIEVE THEIR ECONOMIC BURDEN.
     2         (3)  THE GENERAL ASSEMBLY FINDS AND DECLARES THAT A ONE-
     3     YEAR CAP ON SCHOOL DISTRICT REAL PROPERTY TAXES AND THE
     4     ELIMINATION OF AUTHORITY TO LEVY REAL PROPERTY TAXES FOR
     5     SUPPORT OF THE PUBLIC SCHOOLS IS THE MOST EFFECTIVE MEANS TO
     6     PROMOTE A MORE EQUITABLE FUNDING METHOD FOR THE SUPPORT OF
     7     PUBLIC EDUCATION IN THIS COMMONWEALTH.
     8  SECTION 3.  DEFINITIONS.
     9     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    10  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    11  CONTEXT CLEARLY INDICATES OTHERWISE:
    12     "CLAIMANT."  AN INDIVIDUAL WHO SEEKS ASSISTANCE UNDER SECTION
    13  5.
    14     "DEPARTMENT."  THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH.
    15     "HOUSEHOLD INCOME."  ALL INCOME RECEIVED BY A CLAIMANT AND
    16  THE CLAIMANT'S SPOUSE WHILE RESIDING IN THE HOMESTEAD DURING THE
    17  CALENDAR YEAR FOR WHICH A REBATE IS CLAIMED.
    18     "PROGRAM."  THE PROPERTY TAX ASSISTANCE PROGRAM.
    19     "PROPERTY TAX."  A TAX LEVIED BY A SCHOOL DISTRICT ON REAL
    20  PROPERTY.
    21     "TAXPAYER."  ANY PERSON OR ENTITY WHO OR WHICH IS SUBJECT TO
    22  A LEVY ASSESSED ON REAL PROPERTY FOR THE SUPPORT OF ANY PUBLIC
    23  SCHOOL DISTRICT IN THIS COMMONWEALTH.
    24  SECTION 4.  ADMINISTRATION.
    25     THE DEPARTMENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES IN
    26  THE ADMINISTRATION OF THIS ACT:
    27         (1)  IMPLEMENTING THE PROGRAM.
    28         (2)  PRESCRIBING AN APPLICATION FORM UNDER SECTION
    29     5(C)(1)(I).
    30         (3)  PROMULGATING REGULATIONS TO IMPLEMENT SECTION 5(C)
    20070H1600B4194                 - 11 -     

     1     AND (D).
     2  SECTION 4.1.  ADMINISTRATION BY DEPARTMENT OF EDUCATION.
     3     THE DEPARTMENT OF EDUCATION SHALL HAVE THE FOLLOWING POWERS
     4  AND DUTIES:
     5         (1)  IN ADDITION TO ANY REPORTS REQUIRED UNDER SECTION
     6     311 OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS., P.L.1873,
     7     NO.1), KNOWN AS THE TAXPAYER RELIEF ACT, THE DEPARTMENT SHALL
     8     REQUIRE ALL SCHOOL DISTRICTS TO REPORT THE DIFFERENCE BETWEEN
     9     THE REVENUES RAISED UNDER THE REAL PROPERTY TAX RATE CAP
    10     ESTABLISHED UNDER SECTION 5.1(A) OF THIS ACT FOR THE FISCAL
    11     YEAR 2009-2010 AND THE AMOUNT OF REVENUES THAT WOULD
    12     OTHERWISE BE PERMITTED TO BE GENERATED UNDER THE PROVISIONS
    13     OF THE TAXPAYER RELIEF ACT.
    14         (2)  CALCULATE AN AMOUNT OF MONEY NECESSARY TO DISTRIBUTE
    15     TO EACH SCHOOL DISTRICT THE REVENUE NECESSARY TO MAKE UP THE
    16     DIFFERENCE BETWEEN THE REVENUES RECEIVED AND THE REVENUES
    17     THAT WOULD OTHERWISE BE PERMITTED TO BE GENERATED UNDER THE
    18     PROVISIONS OF THE TAXPAYER RELIEF ACT. IF INSUFFICIENT FUNDS
    19     EXIST TO MEET ALL THE REQUIRED COSTS, THE DEPARTMENT SHALL
    20     REDUCE EACH SCHOOL DISTRICT ALLOCATION PRO RATA.
    21         (3)  PROVIDE FOR THE PAYMENT OF EACH SCHOOL DISTRICT'S
    22     ALLOCATION UNDER PARAGRAPH (2).
    23  SECTION 5.  PROGRAM.
    24     (A)  ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH THE
    25  PROPERTY TAX ASSISTANCE PROGRAM TO ASSIST ELIGIBLE CLAIMANTS IN
    26  THE PAYMENT OF SCHOOL PROPERTY TAXES.
    27     (B)  ELIGIBILITY.--TO BE ELIGIBLE TO PARTICIPATE IN THE
    28  PROGRAM, A CLAIMANT MUST COMPLY WITH ALL OF THE FOLLOWING:
    29         (1)  BE OVER 65 YEARS OF AGE.
    30         (2)  HAVE AN ANNUAL HOUSEHOLD INCOME OF NOT MORE THAN
    20070H1600B4194                 - 12 -     

     1     $40,000.
     2         (3)  HAVE NOT APPLIED FOR OR RECEIVED A PROPERTY TAX
     3     REBATE FOR SCHOOL PROPERTY TAXES PAID PURSUANT TO CHAPTER 13
     4     OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS., P.L.1873, NO.1),
     5     KNOWN AS THE TAXPAYER RELIEF ACT.
     6     (C)  APPLICATION.--THE FOLLOWING SHALL APPLY:
     7         (1)  TO PARTICIPATE IN THE PROGRAM, A CLAIMANT SHALL
     8     SUBMIT TO THE DEPARTMENT ALL OF THE FOLLOWING:
     9             (I)  AN APPLICATION ON A FORM PRESCRIBED BY THE
    10         DEPARTMENT ESTABLISHING ELIGIBILITY UNDER SUBSECTION (B).
    11             (II)  A COPY OF THE SCHOOL PROPERTY TAX BILL FOR
    12         WHICH ASSISTANCE IS SOUGHT.
    13         (2)  THE MATERIAL UNDER PARAGRAPH (1) SHALL BE SUBMITTED
    14     NO LATER THAN 30 DAYS AFTER THE ISSUANCE OF THE SCHOOL
    15     PROPERTY TAX BILL UNDER PARAGRAPH (1)(II).
    16     (D)  DETERMINATION.--THE FOLLOWING SHALL APPLY:
    17         (1)  WITHIN 15 DAYS OF RECEIPT OF AN APPLICATION UNDER
    18     SUBSECTION (C), THE DEPARTMENT SHALL DETERMINE IF THE
    19     CLAIMANT IS ELIGIBLE OR INELIGIBLE AND SHALL NOTIFY THE
    20     CLAIMANT OF ITS DETERMINATION.
    21         (2)  FAILURE TO COMPLY WITH THE TIME REQUIREMENT UNDER
    22     PARAGRAPH (1) SHALL BE DEEMED A DETERMINATION OF
    23     INELIGIBILITY.
    24         (3)  A DETERMINATION OF INELIGIBILITY UNDER PARAGRAPH (1)
    25     OR (2) SHALL BE SUBJECT TO 2 PA.C.S. CH. 7 SUBCH. A (RELATING
    26     TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
    27     (E)  PAYMENT.--FOR EACH ELIGIBLE CLAIMANT, THE DEPARTMENT
    28  SHALL PAY THE TAX BILL UNDER SUBSECTION (C)(1)(II) IN WHOLE FROM
    29  THE PROPERTY TAX RELIEF FUND. PAYMENT SHALL BE MAILED TO THE
    30  CLAIMANT AND SHALL BE MADE OUT TO THE SCHOOL DISTRICT OR THE TAX
    20070H1600B4194                 - 13 -     

     1  COLLECTOR FOR THE SCHOOL DISTRICT, WHICHEVER APPLIES, TO WHICH
     2  THE CLAIMANT IS LIABLE FOR PROPERTY TAXES.
     3  SECTION 5.1.  REAL PROPERTY TAX RATE CAP AND TAX AUTHORITY
     4                 ELIMINATION.
     5     (A)  TAX RATE LIMITATION.--FOR THE TAX YEAR FOR SCHOOL
     6  DISTRICTS BEGINNING AFTER DECEMBER 31, 2008, NO SCHOOL DISTRICT
     7  OR TAXING AUTHORITY ON BEHALF OF A SCHOOL DISTRICT SHALL HAVE
     8  ANY AUTHORITY TO INCREASE THE RATE OF TAX LEVIED AND ASSESSED ON
     9  REAL PROPERTY BEYOND THE RATE OF TAX IMPOSED FOR THE SCHOOL TAX
    10  YEAR BEGINNING IMMEDIATELY AFTER DECEMBER 31, 2007.
    11     (B)  ELIMINATION OF REAL PROPERTY TAX AUTHORITY.--FOR ALL TAX
    12  YEARS BEGINNING AFTER DECEMBER 31, 2009, NO SCHOOL DISTRICT AND
    13  NO TAXING AUTHORITY ACTING ON BEHALF OF A SCHOOL DISTRICT SHALL
    14  HAVE ANY POWER TO LEVY AND ASSESS ANY TAX ON REAL PROPERTY FOR
    15  THE SUPPORT OF PUBLIC EDUCATION.
    16  SECTION 6.  TRANSFERS.
    17     (A)  ANNUAL TRANSFER.--THE STATE TREASURER MAY TRANSFER, TO
    18  THE EXTENT NECESSARY, UP TO $50,000,000 ANNUALLY FROM THE STATE
    19  LOTTERY FUND ESTABLISHED BY THE ACT OF AUGUST 26, 1971 (P.L.351,
    20  NO.91), KNOWN AS THE STATE LOTTERY LAW, TO THE PROPERTY TAX
    21  RELIEF FUND FOR PAYMENT OF CLAIMS UNDER THIS ACT. THIS TRANSFER
    22  SHALL REPRESENT THE SAVINGS TO THE PROPERTY TAX AND RENT REBATE
    23  PROGRAM AS A RESULT OF ENACTMENT OF THE PROGRAM.
    24     (B)  SINGLE TRANSFER.--ON THE EFFECTIVE DATE OF THIS SECTION,
    25  THE STATE TREASURER SHALL TRANSFER ANY MONEY IN THE PROPERTY TAX
    26  RELIEF RESERVE FUND TO THE PROPERTY TAX RELIEF FUND.
    27     (C)  TRANSFER FROM TAX STABILIZATION RESERVE FUND.--EFFECTIVE
    28  SEPTEMBER 1, 2008, ALL MONEYS IN THE TAX STABILIZATION RESERVE
    29  FUND SHALL BE TRANSFERRED TO THE PROPERTY TAX RELIEF FUND AND BE
    30  USED SOLELY FOR THE PURPOSES OF PAYMENTS TO SCHOOL DISTRICTS
    20070H1600B4194                 - 14 -     

     1  UNDER SECTION 4.1.
     2  SECTION 7.  REPEALS.
     3         (1)  THE GENERAL ASSEMBLY DECLARES THAT THE REPEALS UNDER
     4     PARAGRAPHS (2) AND (3) ARE NECESSARY TO EFFECTUATE THIS ACT.
     5         (2)  ARTICLE XVII-A OF THE ACT OF APRIL 9, 1929 (P.L.343,
     6     NO.176), KNOWN AS THE FISCAL CODE, IS REPEALED.
     7         (3)  SECTIONS 501, 502, 503(C), (D) AND (E), 504 AND 505
     8     OF THE ACT OF JUNE 27, 2006 (1ST SP.SESS., P.L.1873, NO.1),
     9     KNOWN AS THE TAXPAYER RELIEF ACT, ARE REPEALED.
    10  SECTION 8.  APPLICABILITY.
    11     THIS ACT SHALL APPLY TO PROPERTY TAXES LEVIED FOR THE FIRST
    12  FISCAL YEAR BEGINNING AFTER DECEMBER 31, 2008, AND EACH FISCAL
    13  YEAR THEREAFTER.
    14  SECTION 20.  EFFECTIVE DATE.
    15     THIS ACT SHALL TAKE EFFECT IMMEDIATELY.










    F27L72JAM/20070H1600B4194       - 15 -