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PRIOR PRINTER'S NO. 852
PRINTER'S NO. 938
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
225
Session of
2023
INTRODUCED BY DUSH, PENNYCUICK, BAKER, HUTCHINSON, BARTOLOTTA
AND LAUGHLIN, JUNE 6, 2023
SENATOR BROWN, LOCAL GOVERNMENT, AS AMENDED, JUNE 21, 2023
AN ACT
Amending the act of April 9, 1929 (P.L.343, No.176), entitled
"An act relating to the finances of the State government;
providing for cancer control, prevention and research, for
ambulatory surgical center data collection, for the Joint
Underwriting Association, for entertainment business
financial management firms, for private dam financial
assurance and for reinstatement of item vetoes; providing for
the settlement, assessment, collection, and lien of taxes,
bonus, and all other accounts due the Commonwealth, the
collection and recovery of fees and other money or property
due or belonging to the Commonwealth, or any agency thereof,
including escheated property and the proceeds of its sale,
the custody and disbursement or other disposition of funds
and securities belonging to or in the possession of the
Commonwealth, and the settlement of claims against the
Commonwealth, the resettlement of accounts and appeals to the
courts, refunds of moneys erroneously paid to the
Commonwealth, auditing the accounts of the Commonwealth and
all agencies thereof, of all public officers collecting
moneys payable to the Commonwealth, or any agency thereof,
and all receipts of appropriations from the Commonwealth,
authorizing the Commonwealth to issue tax anticipation notes
to defray current expenses, implementing the provisions of
section 7(a) of Article VIII of the Constitution of
Pennsylvania authorizing and restricting the incurring of
certain debt and imposing penalties; affecting every
department, board, commission, and officer of the State
government, every political subdivision of the State, and
certain officers of such subdivisions, every person,
association, and corporation required to pay, assess, or
collect taxes, or to make returns or reports under the laws
imposing taxes for State purposes, or to pay license fees or
other moneys to the Commonwealth, or any agency thereof,
every State depository and every debtor or creditor of the
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Commonwealth," in general budget implementation, further
providing for Federal and Commonwealth use of forest land.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1798.1-E(b) and (f) of the act of April
9, 1929 (P.L.343, No.176), known as The Fiscal Code, are amended
and the section is amended by adding a subsection to read:
Section 1798.1-E. Federal and Commonwealth use of forest land.
* * *
(b) Charge.--
(1) For land owned by the Department of Conservation and
Natural Resources, subject to subsection (c), real property
under subsection (a) shall be subject to an annual charge of:
(i) [$2] $2.85 per acre for the benefit of each
county where the real property is located;
(ii) [$2] $2.85 per acre for the benefit of the
schools in each school district where the real property
is located; and
(iii) [$2] $2.85 per acre for the benefit of the
township where the real property is located.
(2) For land owned by the Pennsylvania Game Commission
or the Pennsylvania Fish and Boat Commission:
(i) [$1.20] $1.70 per acre for the benefit of each
county where the real property is located;
(ii) [$1.20] $1.70 per acre for the benefit of the
schools in each school district where the real property
is located; and
(iii) [$1.20] $1.70 per acre for the benefit of the
township where the real property is located.
(3) Subject to subsection (f), the charge under
paragraph (1) shall be payable by the Commonwealth before
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September 2.
* * *
(f) Source of payment.--For real property owned by the
Department of Conservation and Natural Resources, the
Pennsylvania Game Commission or the Pennsylvania Fish and Boat
Commission, of the charge per acre under subsection (b):
(1) [$2.40] Two-thirds of the dollar amount, rounded to
the nearest cent, shall be paid from money available under 4
Pa.C.S. ยง 1403 (relating to establishment of State Gaming
Fund and net slot machine revenue distribution); and
(2) the remainder shall be paid by the Commonwealth
agency which owns the property.
(g) Adjustments based on Consumer Price Index.--Adjustments
to the base amounts in subsection (b) shall be made as follows:
(1) The Department of Labor and Industry shall determine
the percentage change in the Consumer Price Index for All
Urban Consumers: All Items (CPI-U) for the United States City
Average as published by the United States Department of
Labor, Bureau of Labor Statistics, for the twelve-month
period ending April 30, 2023 2024 , and for each successive
12-month period thereafter.
(2) If the Department of Labor and Industry determines
that there is no positive percentage change, no adjustment to
the base amounts shall occur for the relevant time period.
(3) The following apply:
(i) If the Department of Labor and Industry
determines that there is a positive percentage change in
the first year that the determination is made under
paragraph (1), the positive percentage change shall be
multiplied by each base amount, and the products shall be
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added to the base amounts, respectively, and the sums
shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be
rounded to the nearest cent to determine the final
adjusted base amounts.
(4) In each successive year in which there is a positive
percentage change in the CPI-U for the United States City
Average, the positive percentage change shall be multiplied
by the most recent preliminary adjusted amounts, and the
products shall be added to the preliminary adjusted amount of
the prior year to calculate the preliminary adjusted amounts
for the current year. The sums thereof shall be rounded to
the nearest cent to determine the new final adjusted base
amounts.
(5) The determinations and adjustments required under
this section shall be made in the period between May 1 and
June 15, 2023 2024 , and annually between May 1 and June 15 of
each year thereafter.
(6) The final adjusted base amounts and new final
adjusted base amounts obtained under paragraphs (3) and (4)
shall become effective for the fiscal year following the
fiscal year in which the determination required under
paragraph (1) is made.
(7) The Department of Labor and Industry shall transmit
notice to the Legislative Reference Bureau for publication in
the next available issue of the Pennsylvania Bulletin prior
to July 1 of each year of the annual percentage change
determined under paragraph (1) and the unadjusted or final
adjusted base amounts determined under paragraphs (3) and
(4), respectively, for the fiscal year beginning the first
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day of July after publication of the notice.
(8) The annual increase in the preliminary adjusted base
amounts obtained under paragraphs (3) and (4) shall not
exceed 5%.
Section 2. This act shall take effect in 60 days.
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