PRINTER'S NO. 134
No. 125 Session of 1997
INTRODUCED BY CURRY, THOMAS, GEORGE, ARMSTRONG, HENNESSEY, WALKO, MELIO, TRAVAGLIO, CAWLEY, YOUNGBLOOD, TRELLO, JAROLIN, GODSHALL, WOJNAROSKI, MANDERINO, TANGRETTI, OLASZ, SHANER, LEVDANSKY, ITKIN, McCALL, BOSCOLA, COY, PISTELLA, ROONEY, GIGLIOTTI, COLAFELLA, L. I. COHEN AND LaGROTTA, JANUARY 29, 1997
REFERRED TO COMMITTEE ON FINANCE, JANUARY 29, 1997
AN ACT 1 Providing school district property tax exemption to certain 2 senior citizens, widows, widowers and permanently disabled 3 persons with limited incomes; providing for in-lieu-of-tax 4 payments; and providing for State reimbursement. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the Senior 9 Citizen School Real Property Tax Exemption Act. 10 Section 2. Declaration of policy. 11 In recognition of the severe economic plight of senior 12 citizens, widows, widowers and permanently disabled persons who 13 are real property owners with fixed and limited incomes and who 14 are faced with rising living costs and constantly increasing 15 taxes which threaten their homesteads and self-sufficiency, the 16 General Assembly, pursuant to section 2(b)(iii) of Article VIII 17 of the Constitution of Pennsylvania, considers it to be a matter
1 of sound public policy to exempt such property owners from 2 certain school district taxes to enable them to remain in 3 peaceable possession of their homes and relieve their economic 4 burdens. 5 Section 3. Definitions. 6 The following words and phrases when used in this act shall 7 have the meanings given to them in this section unless the 8 context clearly indicates otherwise: 9 "Claimant." A person who files a claim for real property tax 10 exemption and was 65 years of age or older, or whose spouse, if 11 a member of the household, was 65 years of age or older, during 12 a calendar year in which real property taxes were due and 13 payable or was a widow or widower and was 50 years of age or 14 older during a calendar year in which real property taxes were 15 due and payable, or was a permanently disabled person 18 years 16 of age or older during a calendar year in which real property 17 taxes were due and payable. 18 "Homestead." An owned dwelling and as much of the land 19 surrounding it as is reasonably necessary for use of the 20 dwelling as a home occupied by a claimant. A homestead shall 21 also include premises occupied by reason of ownership in a 22 cooperative housing corporation, mobile homes which are assessed 23 as realty for local real property tax purposes and the land, if 24 owned by the claimant, upon which the mobile home is situated 25 and other similar living accommodations, as well as a part of a 26 multidwelling or multipurpose building and a part of the land 27 upon which it is built. The term includes premises occupied by 28 reason of the claimant's ownership of a dwelling located on land 29 owned by a nonprofit incorporated association, of which the 30 claimant is a member, if the claimant is required to pay a pro 19970H0125B0134 - 2 -
1 rata share of the real property taxes levied against the 2 association's land. The term also includes premises occupied by 3 a claimant if the claimant is required by law to pay a real 4 property tax by reason of his ownership, including a possessory 5 interest, in the dwelling, the land or both. An owner includes a 6 person in possession under a contract of sale, deed of trust, 7 life, estate, joint tenancy or tenancy in common or by reason of 8 statutes of descent and distribution. 9 "Household income." Household income defined in the act of 10 March 11, 1971 (P.L.104, No.3), known as the Senior Citizens 11 Rebate and Assistance Act. 12 "Permanently disabled person." A person who is unable to 13 engage in any substantial gainful activity by reason of any 14 medically determinable physical or mental impairment which can 15 be expected to continue indefinitely. 16 "Real property taxes." All school district taxes on a 17 homestead, exclusive of municipal assessments, delinquent 18 charges and interest, due and payable during a calendar year. 19 "Widow" or "widower." The surviving wife or the surviving 20 husband, as the case may be, of a deceased individual and who 21 has not remarried. 22 Section 4. Property tax exemption. 23 (a) Amount of exemption.--The amount of any claim for real 24 property tax exemption shall be determined in accordance with 25 the following schedule: 26 Household Income Percentage of Real Estate Tax Exemption 27 $ 0 - $14,999 100% 28 15,000 - 19,999 90% 29 20,000 - 24,999 75% 30 25,000 - 29,999 60% 19970H0125B0134 - 3 -
1 30,000 - 34,999 40% 2 35,000 - 39,999 20% 3 (b) Time period for filing.--The claimant must file claim 4 for exemption with the taxing school district within two months 5 of receipt of a real property tax bill. 6 (c) Income basis.--Income for a claim of exemption shall be 7 the income of the prior calendar year. 8 (d) Partial occupation of homestead.--If a homestead is 9 owned and occupied by an eligible claimant for only a portion of 10 a year, the school district shall apportion the real estate 11 taxes in accordance with the period for which the claimant was 12 eligible. 13 Section 5. In-lieu-of-tax payment. 14 All claimants filing a claim for exemption shall include an 15 in-lieu-of-tax payment of 1% of the household income used in 16 making such claim. 17 Section 6. Proof of claim. 18 School districts may require proof of claim as required in 19 the act of March 11, 1971 (P.L.104, No.3), known as the Senior 20 Citizens Rebate and Assistance Act. 21 Section 7. Incorrect claim. 22 Whenever a school district finds a claim to be incorrectly 23 determined, the school district shall redetermine the correct 24 amount of the claim and notify the claimant of the reason for 25 the redetermination and the amount of the correct claim. 26 Section 8. Fraudulent claim. 27 (a) Claim rejection.--In any case in which a claim is 28 excessive and was filed with fraudulent intent, the claim shall 29 be disallowed in full and a penalty of 25% of the amount claimed 30 shall be imposed. The penalty and the amount of the disallowed 19970H0125B0134 - 4 -
1 claim, if the claim has been paid, shall bear interest at the 2 rate of 1/2 of 1% per month from the date of the claim until 3 repaid. 4 (b) Penalty.--The preparation of or filing of a fraudulent 5 claim shall be a misdemeanor, punishable by a fine of not more 6 than $1,000 or a term of imprisonment of not more than one year, 7 or both. 8 (c) Disallowance of claim.--A claim shall be disallowed if 9 the claimant received title to the homestead primarily for the 10 purpose of receiving a real property tax exemption. 11 Section 9. State reimbursement. 12 All school districts shall report to the Department of 13 Revenue the amount of exemptions granted under this act, within 14 three months of granting such exemptions. The State shall pay 15 the full amount of such exemptions to the school district within 16 60 days of the report. The State payment shall be for real 17 property tax exemption only. No administrative costs shall be 18 reimbursed. 19 Section 10. Regulations. 20 The Secretary of Revenue may promulgate such rules and 21 regulations as necessary to administer this act. 22 Section 11. Application. 23 Exemption shall begin with the school district real estate 24 taxes due on or after July 1 next succeeding the effective date 25 of this act. 26 Section 12. Effective date. 27 This act shall take effect in 60 days. A3L72RZ/19970H0125B0134 - 5 -