PRINTER'S NO. 112
No. 112 Session of 1989
INTRODUCED BY HOLL, JANUARY 23, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
JANUARY 23, 1989
AN ACT
1 Amending the act of June 22, 1964 (Sp.Sess., P.L.131, No.8),
2 entitled "An act authorizing the creation and liquidation of
3 indebtedness of seventy million dollars for the acquisition
4 of lands for recreation, conservation and historical purposes
5 (Project 70); defining the powers and duties of certain
6 offices, agencies and political subdivisions; providing for
7 the allotment of proceeds hereunder including Commonwealth
8 grants; providing for payment in lieu of taxes; prescribing
9 standards and making appropriations," further providing for
10 in-lieu-of-tax payments; and making editorial corrections.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Section 19 of the act of June 22, 1964 (Sp.Sess.,
14 P.L.131, No.8), known as the Project 70 Land Acquisition and
15 Borrowing Act, is amended to read:
16 Section 19. In-lieu-of-tax Payments.--(a) Whenever an
17 acquisition by the Commonwealth under this act reduces the
18 taxable base within a political subdivision or school district,
19 the officers of such political subdivision or school district,
20 authorized by law to levy taxes, shall immediately after such
21 acquisition request the State Tax Equalization Board to
1 determine, and the State Tax Equalization Board upon receipt of
2 such request, shall determine and certify, to the Auditor
3 General and the Secretary of [Forests and Waters] Environmental
4 Resources, the prior market value of the acquired property and
5 the prior market value of the remaining taxable real estate
6 base. For the purposes of this section, the market value of
7 specified property for any one year shall be ascertained by
8 multiplying its assessed value for that year by the ratio of the
9 aggregate market value to the aggregate assessed value of all
10 taxable real estate located in the political subdivision or
11 school district. The prior market values required to be
12 determined shall mean market values ascertained on the basis of
13 the most recent certification of the State Tax Equalization
14 Board prior to acquisition.
15 (b) Beginning with the fiscal year during which a political
16 subdivision or school district requests certification of the
17 prior market values in accordance with subsection (a) of this
18 section, or beginning with the fiscal year starting July 1,
19 1965, whichever is later, [and ending with the fiscal year in
20 which the acquired land is put to use as a public facility,]
21 such political subdivision or school district shall receive an
22 annual in-lieu-of-tax payment calculated by multiplying the
23 total real estate taxes levied by such political subdivision or
24 school district for the current fiscal year, by the quotient of
25 the certified prior market value of the acquired property,
26 divided by the sum of the certified prior market value of the
27 acquired property plus the certified prior market value of the
28 remaining taxable real estate base. [If for any fiscal year
29 following the fiscal year during which an acquired property is
30 put to use as a public facility, the current market value of the
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1 remaining taxable real estate base is less than the sum of the
2 certified prior market value of the acquired property, plus the
3 certified prior market value of the remaining taxable real
4 estate base, such political subdivision or school district shall
5 receive for such fiscal year an in-lieu-of-tax payment
6 calculated by multiplying the total real estate taxes levied by
7 such political subdivision or school district for the current
8 fiscal year, by the quotient of the sum of the certified prior
9 market value of the acquired property, plus the certified prior
10 market value of the remaining taxable real estate base, less the
11 current market value of the remaining taxable real estate
12 divided by the current market value of the remaining taxable
13 real estate base: Provided, That such payment shall not exceed
14 the product obtained by multiplying the total real estate taxes
15 levied by such political subdivision or school district for the
16 current fiscal year, by the quotient of the certified prior
17 market value of the acquired property divided by the sum of the
18 certified prior market value of the acquired property plus the
19 certified prior market value of the remaining taxable real
20 estate base.] The payments so determined shall be paid by the
21 State Treasurer on the audit and warrant of the Auditor General
22 on the requisition of the Secretary of [Forests and Waters]
23 Environmental Resources.
24 [(c) When payments by the Commonwealth cease as provided for
25 in subsection (b) above, in-lieu-of-tax payments shall be made
26 to political subdivisions or school districts for land acquired
27 by the Commonwealth under this act in the manner provided by
28 applicable provisions of law for State forest lands.]
29 Section 2. This act shall take effect immediately.
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