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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARHAI, CALTAGIRONE, CARROLL, FREEMAN, GOODMAN, HORNAMAN, KAVULICH, KORTZ, KOTIK, KULA, LONGIETTI, MURT, STURLA AND YOUNGBLOOD, MARCH 8, 2011 |
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| REFERRED TO COMMITTEE ON APPROPRIATIONS, MARCH 8, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," further providing for temporary |
6 | special aid to school districts suffering loss of tax revenue |
7 | due to bankruptcy of businesses in the school district; and |
8 | providing for temporary special aid to school districts |
9 | suffering loss of payment in lieu of taxes from local |
10 | sources. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 2502.16(f) of the act of March 10, 1949 |
14 | (P.L.30, No.14), known as the Public School Code of 1949, added |
15 | October 20, 1988 (P.L.827, No.110), is amended to read: |
16 | Section 2502.16. Temporary Special Aid to School Districts |
17 | Suffering Loss of Tax Revenue Due to Bankruptcy of Businesses in |
18 | the School District.--* * * |
19 | (f) The special payments authorized by this section and |
20 | [section] sections 2502.10 and 2502.50 shall be paid from a |
21 | restricted revenue account, which is hereby established, for |
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1 | such payments. Funds shall be transferred by the Secretary of |
2 | the Budget only to the extent necessary to make the payments |
3 | authorized by this section and [section] sections 2502.10 and |
4 | 2502.50. |
5 | * * * |
6 | Section 2. The act is amended by adding a section to read: |
7 | Section 2502.50. Temporary Special Aid to School Districts |
8 | Suffering Loss of Payment in Lieu of Taxes From Local Sources.-- |
9 | (a) For the school year 2010-2011 and each school year |
10 | thereafter, a school district that: |
11 | (1) experiences at least a twenty-five percent (25%) loss in |
12 | payment in lieu of taxes from local sources for the support of |
13 | the public schools in any one year due to the relocation of one |
14 | or more businesses within the boundaries of the public school |
15 | district to a location outside the boundaries of the public |
16 | school district; and |
17 | (2) has less than five percent (5%) of the district's total |
18 | operating budget in the estimated ending unreserved, |
19 | undesignated fund balance shall qualify for temporary special |
20 | aid under the provisions of this section for a period of two (2) |
21 | years as provided for in subsection (b): Provided, however, That |
22 | a school district that qualified for such payments prior to the |
23 | date of this amendatory act shall receive its first payment in |
24 | the year this amendatory act is enacted. |
25 | (b) If sufficient funds exist in the restricted revenue |
26 | account, such temporary special aid shall be equal to the loss |
27 | of total revenues provided for in subsection (a), payable to the |
28 | school district during the school year in which such loss due to |
29 | business relocation is suffered, plus an amount equal to fifty |
30 | percent (50%) of such amount payable to the school district |
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1 | during the succeeding school year. Payments shall only be made |
2 | to school districts when the total amount payable under this |
3 | section is greater than five thousand dollars ($5,000). |
4 | (1) Such temporary special aid shall be paid only once for |
5 | each such business relocation under subsection (a) and only upon |
6 | the condition that the school district tax rates which were in |
7 | effect at the time of the business relocation are not reduced. |
8 | (2) A school district which suffered the loss in total |
9 | revenue provided for in subsection (a) during the 2010-2011 or |
10 | the 2011-2012 school year shall be eligible to receive its first |
11 | payment of temporary special aid during the 2011-2012 school |
12 | year. |
13 | (c) The special aid authorized by this section shall be paid |
14 | from any funds not expended, enumerated or committed from |
15 | appropriations for grants and subsidies made to the Department |
16 | of Education: Provided, That no funds available from |
17 | appropriations for library-related activities may be used for |
18 | these payments. |
19 | (d) Nothing contained in this section shall disqualify a |
20 | school district from receiving temporary special aid due to real |
21 | property reassessments provided for in section 2502.10 or |
22 | disqualify a school district from receiving temporary special |
23 | aid due to bankruptcy of businesses in the school district |
24 | provided for in section 2502.16: Provided, however, That school |
25 | districts eligible for assistance under section 2502.10 or |
26 | 2502.16 and which receive funds pursuant to those sections shall |
27 | not qualify for temporary special aid for such revenue loss |
28 | according to provisions of this section. |
29 | (e) The special payments authorized by this section, |
30 | sections 2502.10 and 2502.16 shall be paid from the restricted |
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1 | revenue account established under section 2502.16(f). Funds |
2 | shall be transferred by the Secretary of the Budget only to the |
3 | extent necessary to make the payments authorized by this section |
4 | and sections 2502.10 and 2502.16. If insufficient funds exist in |
5 | the restricted revenue account, payments shall be made on a pro |
6 | rata basis. |
7 | (f) The Secretary of the Budget shall provide to the |
8 | chairman and minority chairman of the Appropriations Committee |
9 | of the Senate and the chairman and minority chairman of the |
10 | Appropriations Committee of the House of Representatives |
11 | information concerning the appropriation from which funds have |
12 | been transferred and the amounts transferred. The Department of |
13 | Education shall have a written policy concerning the method for |
14 | making payments to school districts, including the date by which |
15 | payments shall be made each fiscal year. |
16 | Section 3. This act shall take effect immediately. |
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