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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BLAKE, FONTANA, WASHINGTON, FERLO, SOLOBAY, COSTA, FARNESE, GORDNER, YUDICHAK AND TARTAGLIONE, JANUARY 3, 2012 |
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| REFERRED TO URBAN AFFAIRS AND HOUSING, JANUARY 3, 2012 |
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| AN ACT |
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1 | Amending the act of December 3, 1959 (P.L.1688, No.621), |
2 | entitled, as amended, "An act to promote the health, safety |
3 | and welfare of the people of the Commonwealth by broadening |
4 | the market for housing for persons and families of low and |
5 | moderate income and alleviating shortages thereof, and by |
6 | assisting in the provision of housing for elderly persons |
7 | through the creation of the Pennsylvania Housing Finance |
8 | Agency as a public corporation and government |
9 | instrumentality; providing for the organization, membership |
10 | and administration of the agency, prescribing its general |
11 | powers and duties and the manner in which its funds are kept |
12 | and audited, empowering the agency to make housing loans to |
13 | qualified mortgagors upon the security of insured and |
14 | uninsured mortgages, defining qualified mortgagors and |
15 | providing for priorities among tenants in certain instances, |
16 | prescribing interest rates and other terms of housing loans, |
17 | permitting the agency to acquire real or personal property, |
18 | permitting the agency to make agreements with financial |
19 | institutions and Federal agencies, providing for the purchase |
20 | by persons of low and moderate income of housing units, and |
21 | approving the sale of housing units, permitting the agency to |
22 | sell housing loans, providing for the promulgation of |
23 | regulations and forms by the agency, prescribing penalties |
24 | for furnishing false information, empowering the agency to |
25 | borrow money upon its own credit by the issuance and sale of |
26 | bonds and notes and by giving security therefor, permitting |
27 | the refunding, redemption and purchase of such obligations by |
28 | the agency, prescribing remedies of holders of such bonds and |
29 | notes, exempting bonds and notes of the agency, the income |
30 | therefrom, and the income and revenues of the agency from |
31 | taxation, except transfer, death and gift taxes; making such |
32 | bonds and notes legal investments for certain purposes; and |
33 | indicating how the act shall become effective," further |
34 | providing for definition and for fund. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. Section 401-D of the act of December 3, 1959 |
4 | (P.L.1688, No.621), known as the Housing Finance Agency Law, is |
5 | amended by adding a definition to read: |
6 | Section 401-D. Definitions. |
7 | The following words and phrases when used in this article |
8 | shall have the meanings given to them in this section unless the |
9 | context clearly indicates otherwise: |
10 | "County." A county of the first, second, second A, third, |
11 | fourth, fifth, sixth, seventh or eighth class. |
12 | * * * |
13 | Section 2. Section 406-D of the act is amended by adding a |
14 | subsection to read: |
15 | Section 406-D. Fund. |
16 | * * * |
17 | (c) Optional county funding.-- |
18 | (1) The governing body of each county may, by ordinance, |
19 | increase fees charged by the recorder of deeds for recording |
20 | any documents except: |
21 | (i) In counties of the second, second A, third, |
22 | fourth, fifth, sixth, seventh and eighth class, deeds and |
23 | mortgages. |
24 | (ii) In counties of the first class, deeds, |
25 | mortgages and related mortgage documents that are or may |
26 | be subject to 53 Pa.C.S. Ch. 60 Subch. C (relating |
27 | affordable housing programs and funding in cities of the |
28 | first class). |
29 | (2) The governing body of each county shall notify the |
30 | agency in writing upon adoption of an ordinance provided for |
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1 | under paragraph (1). The notice shall also include a list of |
2 | the fees to be increased. |
3 | (3) The additional fees levied by a governing body of a |
4 | county of the second, second A, third, fourth, fifth, sixth, |
5 | seventh or eighth class under paragraph (1) shall not exceed |
6 | 100% of the amounts charged under the act of June 12, 1919 |
7 | (P.L.476, No.240), referred to as the Second Class County |
8 | Recorder of Deeds Fee Law, or the act of April 8, 1982 |
9 | (P.L.310, No.87), referred to as the Recorder of Deeds Fee |
10 | Law, on the effective date of this subsection. The additional |
11 | fees levied by a governing body of a county of the first |
12 | class under paragraph (1) shall not exceed 100% of the |
13 | amounts charged by a city or county of the first class for |
14 | recording documents other than deeds, mortgages and other |
15 | related mortgage documents on the effective date of this |
16 | subsection. |
17 | (4) Money collected as a result of the fee imposed under |
18 | this subsection shall be allocated as follows: |
19 | (i) At least 75% of the money collected shall be |
20 | deposited into the fund. |
21 | (ii) A county may retain up to 25% of the money |
22 | collected to be utilized for local affordable housing |
23 | efforts, and may, at the discretion of the county, |
24 | deposit the money into an account already established for |
25 | such purpose under 53 Pa.C.S. § 6012 (relating to |
26 | disposition of proceeds in counties). |
27 | (5) The agency shall give preference to applications for |
28 | funding under this subsection if the proposed project is |
29 | located within a county that has enacted an ordinance under |
30 | paragraph (1). |
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1 | Section 3. This act shall take effect in 60 days. |
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