PRINTER'S NO. 2924
No. 2076 Session of 2007
INTRODUCED BY BAKER, CLYMER, PICKETT, STERN, BENNINGHOFF, BRENNAN, CAPPELLI, CIVERA, EVERETT, FAIRCHILD, GINGRICH, HENNESSEY, HESS, KAUFFMAN, M. KELLER, KORTZ, MARSHALL, McILHATTAN, METCALFE, MILLARD, R. MILLER, MOUL, MOYER, PYLE, RAPP, REICHLEY, SAYLOR, R. STEVENSON, SWANGER, VULAKOVICH AND HORNAMAN, DECEMBER 4, 2007
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 4, 2007
AN ACT 1 Providing for transfers of riparian interests of the 2 Commonwealth to casino properties. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Short title. 6 This act shall be known and may be cited as the Riparian 7 Property Tax Relief Act. 8 Section 2. Public policy purposes and declarations. 9 The General Assembly recognizes the following public policy 10 purposes and declares that the following objectives of the 11 Commonwealth are to be served by this section: 12 (1) The provisions of 4 Pa.C.S. § 1102 (relating to 13 legislative intent) stated that the authorization of limited 14 gaming is intended to provide a significant source of new 15 revenue to the Commonwealth to support property tax relief and 16 wage tax reduction.
1 (2) The provisions of 4 Pa.C.S. § 1409 (relating to property 2 tax relief fund) established the Property Tax Relief Fund to be 3 used for local property and wage tax relief as specified by law. 4 (3) The provisions of 4 Pa.C.S. Part II (relating to gaming) 5 authorized the licensing of locations for slot machine gaming in 6 this Commonwealth. 7 (4) Slot machine licensees have expressed interest in 8 constructing licensed gaming facilities on land which is subject 9 to the riparian interest of the Commonwealth. 10 (5) This riparian interest belongs to the citizens of this 11 Commonwealth and is a valuable asset which should not be 12 surrendered lightly or without due consideration. 13 (6) In particular cases, the proceeds from a license or 14 transfer of these riparian interests may be substantial and may 15 increase over time. 16 (7) Any proceeds from the license or transfer of this 17 riparian interest for the purpose of constructing a licensed 18 gaming facility should be deposited in the Property Tax Relief 19 Fund to be used to provide tax relief for all of this 20 Commonwealth's citizens. 21 Section 3. Definitions. 22 The following words and phrases when used in this act shall 23 have the meanings given to them in this section unless the 24 context clearly indicates otherwise: 25 "Casino property." A licensed facility as defined in 4 26 Pa.C.S. § 1103 (relating to definitions) or any property 27 adjacent to a licensed facility. 28 "Riparian transfer." Any sale, conveyance, lease, license, 29 gift, grant or transfer of the riparian interest of the 30 Commonwealth or land which is subject to the riparian interest 20070H2076B2924 - 2 -
1 of the Commonwealth. The term shall also include an easement, 2 right-of-way or any other access or use. 3 Section 4. Deposit of proceeds from riparian transfers. 4 Notwithstanding any provision of law to the contrary, any 5 proceeds from a riparian transfer to a casino property shall be 6 deposited in the Property Tax Relief Fund established in 4 7 Pa.C.S. § 1409 (relating to Property Tax Relief Fund). 8 Section 5. Effective date. 9 This act shall take effect immediately. K27L04JKL/20070H2076B2924 - 3 -