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                                                       PRINTER'S NO. 441

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 399 Session of 1997


        INTRODUCED BY PETRARCA, TRELLO, McCALL, TRAVAGLIO, BOSCOLA,
           ROONEY, COY, CURRY, RAMOS, DALEY, STABACK, WALKO, SAINATO,
           MARKOSEK, STURLA, ITKIN, TANGRETTI, LEDERER, PRESTON,
           GIGLIOTTI, TRICH, C. WILLIAMS, ROBERTS, BELARDI, OLASZ,
           VAN HORNE AND BUTKOVITZ, FEBRUARY 10, 1997

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 10, 1997

                                     AN ACT

     1  Providing for a limited exclusion from property taxes for all
     2     homesteads and for an additional exclusion for homesteads of
     3     certain senior citizens.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the Homestead
     8  Property Tax Relief Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Eligible claimant."  A person owning homestead property.
    14     "Eligible senior citizen claimant."  A person 65 years of age
    15  or older owning homestead property and qualifying for assistance
    16  under the act of March 11, 1971 (P.L.104, No.3), known as the
    17  Senior Citizens Rebate and Assistance Act.

     1     "Homestead property."  Real property which qualifies as a
     2  homestead under the act of March 11, 1971 (P.L.104, No.3), known
     3  as the Senior Citizens Rebate and Assistance Act, except real
     4  property which is rented or leased to a taxpayer.
     5  Section 3.  Property tax relief.
     6     (a)  Exclusion from assessed value.--
     7         (1)  An eligible claimant shall be entitled to a
     8     homestead exclusion under which $5,000 shall be excluded from
     9     the fair market value to be determined by dividing the
    10     assessed value of homestead property by the current common
    11     level ratio.
    12         (2)  Eligible claimants who are married are considered to
    13     have one common homestead.
    14         (3)  No more than one exclusion may be claimed under
    15     paragraph (1) per homestead.
    16         (4)  Individual claimants are considered to have one
    17     homestead.
    18     (b)  Additional exclusion from assessed value for eligible
    19  senior citizen claimants.--
    20         (1)  An eligible senior citizen claimant shall be
    21     entitled to an additional homestead exclusion of $10,000
    22     which shall be excluded from the fair market value to be
    23     determined by dividing the assessed value of homestead
    24     property by the current common level ratio.
    25         (2)  Eligible senior citizen claimants who are married
    26     are considered to have one common homestead.
    27         (3)  No more than one exclusion may be claimed under
    28     paragraph (1) per homestead.
    29         (4)  Individual senior citizen claimants are considered
    30     to have one homestead.
    19970H0399B0441                  - 2 -

     1     (c)  Exclusions from assessed value are cumulative.--A
     2  property subject to multiple homestead exclusions shall be
     3  entitled to receive the benefit of each, as long as the sum of
     4  the exclusions does not exceed the value of the homestead.
     5  Section 4.  Application procedure.
     6     Any person eligible for tax relief under section 3 may apply
     7  for the exclusion by filing with the taxing authorities the
     8  following documents:
     9         (1)  A statement of request for an exclusion from
    10     assessed value.
    11         (2)  A certification that the claimant or the claimant
    12     and the claimant's spouse jointly are the owners in fee
    13     simple of the homestead upon which the property taxes are
    14     imposed.
    15         (3)  Receipt showing payment of the current year's
    16     property tax liability.
    17         (4)  If applying for senior citizen exclusions, evidence
    18     that the senior citizen claimant is a person qualifying for
    19     assistance under the act of March 11, 1971 (P.L.104, No.3),
    20     known as the Senior Citizens Rebate and Assistance Act.
    21  Section 5.  Commonwealth reimbursement.
    22     The Department of Revenue shall reimburse taxing authorities
    23  for revenue losses occasioned by the exclusions provided in
    24  section 3 from funds appropriated for such purpose by the
    25  General Assembly or from moneys in the General Fund which are
    26  available and may lawfully be used for such purpose. The
    27  Department of Revenue may adopt or establish regulations,
    28  procedures and forms to carry out the provisions of this act.
    29  Section 6.  Effective date.
    30     This act shall take effect in 60 days.
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