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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY GREENLEAF, TARTAGLIONE, ERICKSON, MUSTO, ORIE, WILLIAMS, RAFFERTY, BROWNE, KASUNIC, WAUGH, O'PAKE, KITCHEN, STACK AND LOGAN, JANUARY 20, 2009 |
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| REFERRED TO FINANCE, JANUARY 20, 2009 |
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| AN ACT |
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1 | Providing for an exemption from increases in school real |
2 | property taxes for eligible taxpayers because of their age |
3 | and income level and for the reimbursement of school |
4 | districts by the Commonwealth. |
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 | Citizens School Real Property Tax Freeze Act. |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Base amount." The amount of school real property taxes owed |
15 | on a homestead in the base year. |
16 | "Base year." The tax year immediately preceding the tax year |
17 | during which an eligible taxpayer becomes 65 years of age. If |
18 | the taxpayer did not own the homestead during the tax year |
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1 | immediately preceding the tax year during which the taxpayer |
2 | became 65 years of age, the base year shall be the first tax |
3 | year during which the eligible taxpayer owned the homestead and |
4 | was 65 years of age or older. |
5 | "Eligible taxpayer." A taxpayer who meets the requirements |
6 | of section 5. |
7 | "Homestead." Any real property that meets the requirements |
8 | of section 6. |
9 | "Household income." The term shall have the same meaning |
10 | given to it under section 1303 of the act of June 27, 2006 (1st |
11 | Sp.Sess., P.L.1873, No.1), known as the Taxpayers Relief Act. |
12 | "Increase in school real property taxes." An increase in the |
13 | school real property taxes above the base amount resulting from |
14 | a millage increase, a change in the assessment ratio or method |
15 | or by a revaluing of all properties. |
16 | Section 3. School real property tax exemption. |
17 | Pursuant to section 2(b) of Article VIII of the Constitution |
18 | of Pennsylvania, school districts shall grant an annual |
19 | exemption from increases in school real property taxes for |
20 | eligible taxpayers because of their age and income level. This |
21 | exemption shall apply only to school real property taxes on an |
22 | eligible taxpayer's homestead. |
23 | Section 4. Amount of exemption. |
24 | The annual school real property tax exemption granted under |
25 | this act shall equal the increase in school real property taxes |
26 | on the eligible taxpayer's homestead. The amount shall be |
27 | calculated by subtracting the amount of school real property |
28 | taxes on the homestead in the base year from the amount of |
29 | school real property taxes on the homestead in the tax year for |
30 | which a claim for an exemption is filed. The difference, if any, |
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1 | shall be the amount of the exemption. |
2 | Section 5. Eligible taxpayer. |
3 | The real property tax exemption shall apply to each taxpayer |
4 | in a school district meeting the following requirements: |
5 | (1) The taxpayer is at least 65 years of age. |
6 | (2) The taxpayer has an annual household income not |
7 | exceeding $40,000. |
8 | (3) The taxpayer is not delinquent in paying school real |
9 | property taxes on the homestead. |
10 | (4) The taxpayer has filed a claim for the exemption, |
11 | including all necessary and required information, on a |
12 | standard form. The school district shall make such forms |
13 | available upon request. |
14 | Section 6. Homestead. |
15 | The exemption from the tax upon real property authorized |
16 | under section 3 shall apply only to school real property taxes |
17 | on an eligible taxpayer's homestead. For purposes of this act, |
18 | an eligible taxpayer's homestead is real property which |
19 | qualifies as a homestead under the act of June 27, 2006 (1st |
20 | Sp.Sess., P.L.1873, No.1), known as the Taxpayers Relief Act, |
21 | except real property which is rented or leased to the eligible |
22 | taxpayer. |
23 | Section 7. Commonwealth reimbursement. |
24 | Pursuant to section 2(b) of Article VIII of the Constitution |
25 | of Pennsylvania, the Commonwealth of Pennsylvania shall |
26 | reimburse school districts for revenue losses occasioned by the |
27 | tax exemption provided by this act. The Department of Education |
28 | shall, upon submission by a school district of documentation as |
29 | the department may require, reimburse the school district for |
30 | the amount of revenue lost to the school district because of |
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1 | this exemption. The reimbursement shall occur within 60 days of |
2 | submission of the documentation. |
3 | Section 8. Applicability. |
4 | This act shall apply to the tax year beginning July 1, 2009, |
5 | and each tax year thereafter. |
6 | Section 9. Effective date. |
7 | This act shall take effect immediately. |
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