PRINTER'S NO. 2183

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1792 Session of 1977


        INTRODUCED BY DeWEESE, STEWART, ARMSTRONG, COLE, DeMEDIO, SPITZ,
           ZELLER, LEVI, TRELLO, ABRAHAM, NOVAK, SCHMITT, PITTS,
           KLINGAMAN, LINCOLN, SHUMAN, WHITE, ZWIKL, MELUSKEY, BUTERA
           AND RYAN, OCTOBER 25, 1977

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 25, 1977

                                     AN ACT

     1  Amending the act of December 31, 1965 (P.L.1257, No.511),
     2     entitled "An act empowering cities of the second class,
     3     cities of the second class A, cities of the third class,
     4     boroughs, towns, townships of the first class, townships of
     5     the second class, school districts of the second class,
     6     school districts of the third class and school districts of
     7     the fourth class including independent school districts, to
     8     levy, assess, collect or to provide for the levying,
     9     assessment and collection of certain taxes subject to maximum
    10     limitations for general revenue purposes; authorizing the
    11     establishment of bureaus and the appointment and compensation
    12     of officers, agencies and employes to assess and collect such
    13     taxes; providing for joint collection of certain taxes,
    14     prescribing certain definitions and other provisions for
    15     taxes levied and assessed upon earned income, providing for
    16     annual audits and for collection of delinquent taxes, and
    17     permitting and requiring penalties to be imposed and
    18     enforced, including penalties for disclosure of confidential
    19     information, providing an appeal from the ordinance or
    20     resolution levying such taxes to the court of quarter
    21     sessions and to the Supreme Court and Superior Court,"
    22     further defining active military service.

    23     The General Assembly of the Commonwealth of Pennsylvania
    24  hereby enacts as follows:
    25     Section 1.  As much of Division I of section 13, as relates
    26  to the definition of "earned income" act of December 31, 1965
    27  (P.L.1257, No.511), known as "The Local Tax Enabling Act," is

     1  amended to read:
     2     Section 13.  Earned Income Taxes.--On and after the effective
     3  date of this act the remaining provisions of this section shall
     4  be included in or construed to be a part of each tax levied and
     5  assessed upon earned income by any political subdivision levying
     6  and assessing such tax pursuant to this act. The definitions
     7  contained in this section shall be exclusive for any tax upon
     8  earned income and net profits levied and assessed pursuant to
     9  this act, and shall not be altered or changed by any political
    10  subdivision levying and assessing such tax.
    11                          I.  Definitions
    12     * * *
    13     "Earned income."  Salaries, wages, commissions, bonuses,
    14  incentive payments, fees, tips and other compensation received
    15  by a person or his personal representative for services
    16  rendered, whether directly or through an agent, and whether in
    17  cash or in property; not including, however, wages or
    18  compensation paid to persons on active military service which
    19  shall include, but not be limited to, a weekend drill or other
    20  military training period occurring on two or more consecutive
    21  days, periodic payments for sickness and disability other than
    22  regular wages received during a period of sickness, disability
    23  or retirement or payments arising under workmen's compensation
    24  acts, occupational disease acts and similar legislation, or
    25  payments commonly recognized as old age benefits, retirement pay
    26  or pensions paid to persons retired from service after reaching
    27  a specific age or after a stated period of employment or
    28  payments commonly known as public assistance, or unemployment
    29  compensation payments made by any governmental agency or
    30  payments to reimburse expenses or payments made by employers or
    19770H1792B2183                  - 2 -

     1  labor unions for wage and salary supplemental programs,
     2  including, but not limited to, programs covering
     3  hospitalization, sickness, disability or death, supplemental
     4  unemployment benefits, strike benefits, social security and
     5  retirement.
     6     * * *
     7     Section 2.  This act shall take effect immediately and shall
     8  apply to tax years beginning on or after January 1 next
     9  following the date of final enactment.














    J5L45DGS/19770H1792B2183         - 3 -