PRINTER'S NO. 416
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
438
Session of
2019
INTRODUCED BY BREWSTER, ARGALL, FONTANA, BARTOLOTTA, HUGHES,
K. WARD, COSTA, FARNESE, HAYWOOD AND STEFANO, MARCH 13, 2019
REFERRED TO URBAN AFFAIRS AND HOUSING, MARCH 13, 2019
AN ACT
Amending the act of July 7, 1947 (P.L.1368, No.542), entitled
"An act amending, revising and consolidating the laws
relating to delinquent county, city, except of the first and
second class and second class A, borough, town, township,
school district, except of the first class and school
districts within cities of the second class A, and
institution district taxes, providing when, how and upon what
property, and to what extent liens shall be allowed for such
taxes, the return and entering of claims therefor; the
collection and adjudication of such claims, sales of real
property, including seated and unseated lands, subject to the
lien of such tax claims; the disposition of the proceeds
thereof, including State taxes and municipal claims recovered
and the redemption of property; providing for the discharge
and divestiture by certain tax sales of all estates in
property and of mortgages and liens on such property, and the
proceedings therefor; creating a Tax Claim Bureau in each
county, except counties of the first and second class, to act
as agent for taxing districts; defining its powers and
duties, including sales of property, the management of
property taken in sequestration, and the management, sale and
disposition of property heretofore sold to the county
commissioners, taxing districts and trustees at tax sales;
providing a method for the service of process and notices;
imposing duties on taxing districts and their officers and on
tax collectors, and certain expenses on counties and for
their reimbursement by taxing districts; and repealing
existing laws," further providing for the title of the act;
and, in sale of property, providing for county demolition and
rehabilitation fund.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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Section 1. The title of the act of July 7, 1947 (P.L.1368,
No.542), known as the Real Estate Tax Sale Law, is amended to
read:
AN ACT
Amending, revising and consolidating the laws relating to
delinquent county, city, except of the first and second
class and second class A, borough, town, township, school
district, except of the first class and school districts
within cities of the second class A, and institution
district taxes, providing when, how and upon what property,
and to what extent liens shall be allowed for such taxes,
the return and entering of claims therefor; the collection
and adjudication of such claims, sales of real property,
including seated and unseated lands, subject to the lien of
such tax claims; the disposition of the proceeds thereof,
including State taxes and municipal claims recovered and
the redemption of property; providing for the discharge and
divestiture by certain tax sales of all estates in property
and of mortgages and liens on such property, and the
proceedings therefor; creating a Tax Claim Bureau in each
county, except counties of the first and second class, to
act as agent for taxing districts; defining its powers and
duties, including sales of property, the management of
property taken in sequestration, and the management, sale
and disposition of property heretofore sold to the county
commissioners, taxing districts and trustees at tax sales;
providing a method for the service of process and notices;
imposing duties on taxing districts and their officers and
on tax collectors, and certain expenses on counties and for
their reimbursement by taxing districts; providing for a
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county demolition and rehabilitation fund; and repealing
existing laws.
Section 2. The act is amended by adding a section to read:
Section 631. County Demolition and Rehabilitation Fund.--(a)
A county of the first, second, second class A, third, fourth,
fifth, sixth, seventh or eighth class and home rule charter
county of any of these classes that imposes the fee authorized
under subsection (b) shall, by ordinance, establish a county
demolition and rehabilitation fund.
(b) The governing body of a county may, by ordinance, impose
a fee not to exceed two hundred fifty dollars ($250) for the
sale of any property being sold in accordance with this act or
an action for mortgage foreclosure and shall provide a public
notice stating the establishment of the fee and its rate in
accordance with this act. In addition to the purchase price, the
bureau conducting the sale of the property in accordance with
this act or the sheriff in a mortgage foreclosure action shall
collect the fee authorized by this section at the time of sale
from the buyer as a condition of conveying title to the
property. The fee collected shall be deposited into a fund
established under subsection (a).
(c) An ordinance establishing a fund under subsection (a)
shall include all of the following:
(1) The method of custody, divestiture, disbursement and
application of money deposited into the fund consistent with the
laws of this Commonwealth and generally accepted accounting
principles.
(2) The manner of notifying the bureau, the sheriff and the
prothonotary of the sale of a property in accordance with this
act or a mortgage foreclosure action that a fund under
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subsection (a) has been established and that the fee imposed
under subsection (b) shall be collected and deposited as
provided by this section.
(3) The fee imposed under subsection (b) shall apply to the
sale of a property for delinquent taxes or mortgage foreclosure
conducted in the calendar year beginning not less than ninety
(90) days after the effective date of the ordinance.
(4) Any other terms and conditions the county deems
reasonable and necessary for operation of a fund established
under subsection (a).
(d) A fund established under subsection (a) may be used
only:
(1) by the county; and
(2) upon approval of the county commissioners or other
governing body, by a not-for-profit or for-profit corporation
that has a contract with the county or a taxing district,
redevelopment authority, land bank or other government entity,
for the demolition or rehabilitation of blighted property
located in the county.
(e) This section shall not apply to a property sold for
delinquent real property taxes to a nonprofit entity, land bank
or government entity.
Section 3. This act shall take effect in 60 days.
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