PRIOR PRINTER'S NOS. 426, 914, 958 PRINTER'S NO. 1742
No. 404 Session of 1979
INTRODUCED BY MESSRS. MILLER, DAVIES, REED, A. C. FOSTER, JR., PICCOLA, MRS. HONAMAN, MESSRS. WENGER, LEHR AND ANDERSON, FEBRUARY 20, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 14, 1979
AN ACT 1 Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An 2 act relating to tax reform and State taxation by codifying 3 and enumerating certain subjects of taxation and imposing 4 taxes thereon; providing procedures for the payment, 5 collection, administration and enforcement thereof; providing 6 for tax credits in certain cases; conferring powers and 7 imposing duties upon the Department of Revenue, certain 8 employers, fiduciaries, individuals, persons, corporations 9 and other entities; prescribing crimes, offenses and 10 penalties," excluding from the sales and use tax animals to <-- 11 be used outside the Commonwealth. INCLUDING THE PUBLIC <-- 12 UTILITY TAX IN THE CODE, FURTHER DEFINING UTILITY AND 13 IMPOSING A SURTAX. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 204, THE act of March 4, 1971 (P.L.6, <-- 17 No.2), known as the "Tax Reform Code of 1971," is amended by 18 adding a clause AN ARTICLE to read: <-- 19 Section 204. Exclusions from Tax.--The tax imposed by <-- 20 section 202 shall not be imposed upon 21 * * * 22 (38) The sale at retail or use of animals to be used for six
1 months or more outside of Pennsylvania and which are placed in 2 interstate commerce by shipment outside of the Commonwealth of 3 Pennsylvania within twenty days after delivery to the vendee. 4 Section 2. This act shall take effect in 60 days. 5 ARTICLE XI-A <-- 6 PUBLIC UTILITY REALTY TAX 7 SECTION 1101-A. DEFINITIONS.--THE FOLLOWING WORDS, TERMS AND 8 PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANING 9 ASCRIBED TO THEM IN THIS SECTION, EXCEPT WHERE THE CONTEXT 10 CLEARLY INDICATES A DIFFERENT MEANING: 11 (1) "DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE 12 COMMONWEALTH OF PENNSYLVANIA. 13 (2) "PUBLIC UTILITY." ANY PERSON, PARTNERSHIP, ASSOCIATION, 14 CORPORATION OR OTHER ENTITY FURNISHING PUBLIC UTILITY SERVICE 15 UNDER THE JURISDICTION OF THE PENNSYLVANIA PUBLIC UTILITY 16 COMMISSION OR THE CORRESPONDING REGULATORY AGENCY OF ANY OTHER 17 STATE OR OF THE UNITED STATES; AND ANY ELECTRIC COOPERATIVE 18 CORPORATION, MUNICIPALITY OR MUNICIPALITY AUTHORITY FURNISHING 19 PUBLIC UTILITY SERVICE, BUT SHALL NOT MEAN ANY PUBLIC UTILITY 20 FURNISHING PUBLIC UTILITY SEWAGE SERVICES, OR MUNICIPALITY OR 21 MUNICIPALITY AUTHORITY FURNISHING PUBLIC UTILITY SERVICES. 22 (3) "UTILITY REALTY." ALL LANDS, TOGETHER WITH ALL 23 BUILDINGS, TOWERS, SMOKESTACKS, DAMS, DIKES, CANALS, COOLING 24 TOWERS, STORAGE TANKS, REACTOR STRUCTURES, PUMP HOUSES, 25 SUPPORTING FOUNDATIONS, ENCLOSING STRUCTURES, SUPPORTING 26 STRUCTURES, CONTAINMENT STRUCTURES, REACTOR CONTAINMENT OUTER 27 SHELLS, REACTOR CONTAINMENT VESSELS, TURBINE BUILDINGS, RECOVERY 28 TANKS, SOLID WASTE AREA ENCLOSURES, PRIMARY AUXILIARY BUILDINGS, 29 CONTAINMENT AUXILIARY SAFEGUARD STRUCTURES, FUEL BUILDINGS, 30 DECONTAMINATION BUILDINGS, AND, ALL OTHER STRUCTURES, 19790H0404B1742 - 2 -
1 ENCLOSURES, MACHINERY AND EQUIPMENT WHATSOEVER WHICH ARE 2 PHYSICALLY AFFIXED, DIRECTLY OR INDIRECTLY TO THE LAND, NO 3 MATTER HOW SUCH STRUCTURES, ENCLOSURES, MACHINERY AND EQUIPMENT 4 ARE DESIGNATED AND WITHOUT REGARD TO THE CLASSIFICATION THEREOF 5 FOR LOCAL REAL ESTATE TAXATION PURPOSES, LOCATED WITHIN THIS 6 COMMONWEALTH AND OWNED BY A PUBLIC UTILITY EITHER DIRECTLY OR BY 7 OR THROUGH A SUBSIDIARY, WHICH ARE USED OR ARE IN THE COURSE OF 8 DEVELOPMENT OR CONSTRUCTION FOR USE, IN THE FURNISHING, 9 INCLUDING PRODUCING, STORING, DISTRIBUTING OR TRANSPORTING, OF 10 PUBLIC UTILITY SERVICE AND WHICH ARE NOT SUBJECT TO LOCAL REAL 11 ESTATE TAXATION UNDER ANY LAW IN EFFECT ON APRIL 23, 1968: 12 PROVIDED, HOWEVER, THAT THE FOLLOWING SPECIFIED ITEMS, WHEN 13 DIRECTLY USED IN THE DISTRIBUTION OR TRANSPORTATION OF A PUBLIC 14 UTILITY PRODUCT OR SERVICE, SHALL BE EXEMPT FROM THE TAX HEREBY 15 IMPOSED: 16 (I) EASEMENTS OR SIMILAR INTERESTS. 17 (II) RAILROAD RIGHTS-OF-WAY AND SUPERSTRUCTURES THEREON. 18 (III) POLE, TRANSMISSION TOWER, PIPE, RAIL OR OTHER LINES, 19 TOGETHER WITH THOSE ITEMS OF MACHINERY AND EQUIPMENT WHICH ARE 20 SOLELY APPURTENANT AND ANCILLARY TO, AND ESSENTIAL TO THE 21 OPERATION OF, SUCH LINES, WHETHER OR NOT SAID LINES ARE ATTACHED 22 TO THE LAND OR TO ANY STRUCTURE, ENCLOSURE, MACHINERY OR 23 EQUIPMENT WHICH IS PHYSICALLY AFFIXED TO THE LAND, BUT THE 24 EXEMPTION PROVIDED BY THIS CLAUSE SHALL NOT INCLUDE OR EXTEND TO 25 ANY PROPERTY USED IN THE PRODUCTION OR STORAGE OF THE PRODUCT OR 26 SERVICE WHICH IS TRANSPORTED OR DISTRIBUTED BY, ALONG OR THROUGH 27 ANY SUCH LINE. 28 (4) "STATE TAXABLE VALUE." THE COST OF UTILITY REALTY, LESS 29 RESERVES FOR DEPRECIATION AND DEPLETION, AS SHOWN BY THE BOOKS 30 OF ACCOUNT OF A PUBLIC UTILITY: PROVIDED, THAT FOR ANY PUBLIC 19790H0404B1742 - 3 -
1 UTILITY WHICH WAS NOT REQUIRED TO RECORD ANNUAL DEPRECIATION ON 2 ITS UTILITY REALTY PRIOR TO ENACTMENT OF SECTION 503 OF THE 3 PUBLIC UTILITY LAW OR TITLE 66 PA.C.S. § 1703 (RELATING TO 4 DEPRECIATION ACCOUNTS; REPORTS), THE DEPRECIATION DEDUCTION 5 PRESCRIBED IN THIS DEFINITION SHALL BE THE BOOK RESERVE OR FIFTY 6 PER CENT OF THE BOOK COST, WHICHEVER IS GREATER. 7 (5) "LOCAL TAXING AUTHORITY." A COUNTY, CITY, INSTITUTION 8 DISTRICT, BOROUGH, TOWN, TOWNSHIP OR SCHOOL DISTRICT HAVING 9 AUTHORITY TO IMPOSE TAXES ON REAL ESTATE. 10 (6) "REALTY TAX EQUIVALENT." THE TOTAL AMOUNT OF TAXES 11 WHICH A LOCAL TAXING AUTHORITY COULD HAVE IMPOSED ON UTILITY 12 REALTY BUT FOR THIS ARTICLE, AND UNLESS OTHERWISE PROVIDED SHALL 13 BE THE PRODUCT OF THE REAL ESTATE PROPERTY TAX RATE AND THE 14 ASSESSED VALUATION OF UTILITY REALTY. 15 (7) "TOTAL TAX RECEIPTS." THE ACTUAL AMOUNT COLLECTED BY A 16 LOCAL TAXING AUTHORITY UNDER ALL STATUTES AUTHORIZING THE 17 IMPOSITION OF TAXES, BUT SHALL NOT INCLUDE FINES, PENALTIES, 18 FEES, LICENSES OR RECEIPTS FROM ANY SOURCE OTHER THAN TAXES. 19 SECTION 1102-A. IMPOSITION OF TAX; REPORT; INTEREST AND 20 PENALTIES.--(A) ON OR BEFORE THE FIRST DAY OF JUNE OF 1970 AND 21 OF EACH YEAR THEREAFTER, EVERY PUBLIC UTILITY SHALL PAY TO THE 22 STATE TREASURER, THROUGH THE DEPARTMENT OF REVENUE, A TAX AT THE 23 RATE OF THIRTY MILLS UPON EACH DOLLAR OF THE STATE TAXABLE VALUE 24 OF ITS UTILITY REALTY AT THE END OF THE PRECEDING CALENDAR YEAR. 25 (B) EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A REPORT, UPON 26 OATH OF THE OWNER OR RESPONSIBLE OFFICER OF THE PUBLIC UTILITY, 27 SHOWING THE AMOUNT AND MANNER OF COMPUTATION OF THE STATE 28 TAXABLE VALUE UPON WHICH SUCH PAYMENT IS BASED. 29 (C) PAYMENT OF THE TAX HEREBY IMPOSED MAY BE ENFORCED BY ANY 30 MEANS PROVIDED BY LAW FOR THE ENFORCEMENT OF PAYMENT OF TAXES TO 19790H0404B1742 - 4 -
1 THE STATE. IF THE TAX HEREBY IMPOSED IS NOT PAID BY THE DATE 2 HEREIN PRESCRIBED, OR WITHIN ANY EXTENSION GRANTED BY THE 3 DEPARTMENT, THE UNPAID TAX SHALL BEAR INTEREST AT THE RATE OF 4 ONE PER CENT PER MONTH, AND SHALL IN ADDITION BE SUBJECT TO A 5 PENALTY OF FIVE PER CENT OF THE AMOUNT OF THE TAX, WHICH PENALTY 6 MAY BE WAIVED OR ABATED, IN WHOLE OR IN PART, BY THE DEPARTMENT 7 UNLESS THE PUBLIC UTILITY HAS ACTED IN BAD FAITH, NEGLIGENTLY, 8 OR WITH INTENT TO DEFRAUD. 9 (D) THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO NOR 10 SHALL THE TAX BE IMPOSED UPON ANY PUBLIC UTILITY FURNISHING ANY 11 PUBLIC UTILITY SEWAGE SERVICES, OR UPON ANY MUNICIPALITY OR 12 MUNICIPALITY AUTHORITY FURNISHING ANY PUBLIC UTILITY SERVICES. 13 SECTION 1103-A. SURTAX.--(A) ON OR BEFORE THE SIXTIETH DAY 14 FOLLOWING THE EFFECTIVE DATE HEREOF, EVERY PUBLIC UTILITY SHALL 15 PAY TO THE STATE TREASURER, THROUGH THE DEPARTMENT OF REVENUE, A 16 TAX AT THE RATE OF ONE HUNDRED FIVE MILLS UPON EACH DOLLAR OF 17 THE STATE TAXABLE VALUE OF THOSE ITEMS OF ITS UTILITY REALTY AT 18 THE END OF CALENDAR YEAR 1978, WHICH WERE EXCLUDED FROM THE TAX 19 IMPOSED BY THIS ARTICLE PRIOR TO THE ADOPTION HEREOF AND WHICH 20 BECOME SUBJECT TO THE TAX UNDER THE PROVISIONS HEREOF. 21 (B) EACH SUCH PAYMENT SHALL BE ACCOMPANIED BY A REPORT 22 PREPARED IN THE MANNER PRESCRIBED BY SECTION 1102-A(B) WITH 23 RESPECT TO SUCH ITEMS, AND EACH SUCH REPORT AND PAYMENT SHALL BE 24 SUBJECT TO THE PROVISIONS OF SECTION 1102-A(C). 25 (C) THE TAX IMPOSED BY THIS SECTION SHALL BE IN ADDITION TO 26 ANY OTHER TAX IMPOSED BY THIS ARTICLE, SHALL BE PAID INTO THE 27 GENERAL FUND, SHALL NOT BE SUBJECT TO ANY OF THE PROVISIONS OF 28 SECTION 1104-A, 1105-A, 1106-A OR 1107-A AND SHALL NOT BE PASSED 29 ON TO OR COLLECTED FROM THE CUSTOMERS OF ANY UTILITY IN THE FORM 30 OF A RATE INCREASE, SURCHARGE OR IN ANY OTHER MANNER. 19790H0404B1742 - 5 -
1 SECTION 1104-A. EFFECT OF PAYMENT; ADDITIONAL ASSESSMENT.-- 2 (A) PAYMENT OF THE TAX IMPOSED BY SECTION 1103-A, AND THE 3 DISTRIBUTION TO LOCAL TAXING AUTHORITIES PRESCRIBED BY SECTION 4 1107-A, SHALL BE IN LIEU OF LOCAL TAXES UPON UTILITY REALTY, AS 5 CONTEMPLATED BY ARTICLE VIII, SECTION 4, OF THE CONSTITUTION OF 6 PENNSYLVANIA. 7 (B) IF IN ANY CALENDAR YEAR THE AMOUNT DETERMINED BY THE 8 DEPARTMENT PURSUANT TO SECTION 1107-A(A)(2) SHALL EXCEED THE 9 TOTAL AMOUNT OF TAX COLLECTED PURSUANT TO SECTION 1102-A(A), THE 10 DEPARTMENT SHALL DETERMINE THE RATIO WHICH THE AMOUNT OF SUCH 11 EXCESS BEARS TO THE TOTAL STATE TAXABLE VALUE OF ALL UTILITY 12 REALTY REPORTED TO IT PURSUANT TO SECTION 1102-A(B). THE 13 DEPARTMENT SHALL NOTIFY EACH REPORTING PUBLIC UTILITY OF SUCH 14 RATIO, AND IT SHALL BE THE DUTY OF SUCH PUBLIC UTILITY, WITHIN 15 FORTY-FIVE DAYS THEREAFTER, TO PAY TO THE STATE TREASURER, 16 THROUGH THE DEPARTMENT OF REVENUE, AN ADDITIONAL AMOUNT OF TAX 17 EQUAL TO THE PRODUCT OF (1) SUCH RATIO AND (2) THE STATE TAXABLE 18 VALUE SHOWN IN ITS REPORT REQUIRED BY SECTION 1102-A(B). THE 19 PROVISIONS OF SECTION 1102-A(C) SHALL BE APPLICABLE TO SUCH 20 ADDITIONAL AMOUNT OF TAX. 21 SECTION 1105-A. LOCAL ASSESSMENT OF UTILITY REALTY; INITIAL 22 ASSESSMENT; PROCEDURE AND APPEALS.--(A) IT SHALL BE THE DUTY OF 23 THE SEVERAL ELECTED AND APPOINTED ASSESSORS OF REAL PROPERTY TO 24 ASSESS AND VALUE ALL UTILITY REALTY IN THE SAME MANNER AS IS 25 PROVIDED BY LAW FOR THE ASSESSMENT AND VALUATION OF REAL ESTATE. 26 (B) SUCH UTILITY REALTY SHALL BE INITIALLY ASSESSED ON OR 27 BEFORE OCTOBER 1, 1970, WHICHEVER IS LATER, AND THEREAFTER SHALL 28 BE ASSESSED OR REASSESSED AT THE SAME TIME AND IN THE SAME 29 MANNER AS REAL ESTATE. 30 (C) A PUBLIC UTILITY MAY APPEAL FROM THE ASSESSMENT OF ITS 19790H0404B1742 - 6 -
1 UTILITY REALTY, INCLUDING THE INITIAL ASSESSMENT, IN THE MANNER 2 PROVIDED BY LAW FOR APPEALS FROM ASSESSMENT OF REAL ESTATE. IF 3 APPEALS ARE PENDING AT THE TIME A LOCAL TAXING AUTHORITY 4 PREPARES ITS REPORT FOR SUBMISSION TO THE DEPARTMENT AS 5 PRESCRIBED BY SECTION 1106-A, THE REPORT SHALL INCLUDE AS THE 6 ASSESSMENT FOR THE UTILITY REALTY APPEALED THE AMOUNT WHICH THE 7 PUBLIC UTILITY HAS STIPULATED OR ALLEGED AS THE PROPER 8 ASSESSMENT. 9 SECTION 1106-A. REPORTS BY LOCAL TAXING AUTHORITIES.--(A) 10 ON OR BEFORE THE FIRST DAY OF APRIL OF 1971 AND OF EACH YEAR 11 THEREAFTER, EACH LOCAL TAXING AUTHORITY SHALL SUBMIT TO THE 12 DEPARTMENT: 13 (1) THE NAME AND ADDRESS OF EACH PUBLIC UTILITY OWNING 14 UTILITY REALTY WITHIN ITS JURISDICTION, AND THE ASSESSED VALUE 15 OF SUCH UTILITY REALTY. 16 (2) ITS REAL ESTATE TAX RATE FOR ITS CURRENT FISCAL YEAR. 17 (3) THE REALTY TAX EQUIVALENT, WHICH IS THE ASSESSED VALUE 18 OF CLAUSE (1) MULTIPLIED BY THE TAX RATE OF CLAUSE (2). 19 (4) ITS TOTAL TAX RECEIPTS FOR ITS LAST COMPLETED FISCAL 20 YEAR. 21 (5) ANY ADJUSTMENT TO THE ASSESSED VALUES, TAX RATES, REALTY 22 TAX EQUIVALENTS OR TOTAL TAX RECEIPTS PREVIOUSLY REPORTED 23 PURSUANT TO CLAUSES (1) TO (4). 24 (B) IF A LOCAL TAXING AUTHORITY SHALL FAIL TO FILE THE 25 REPORT REQUIRED BY SUBSECTION (A) BY THE DATE THEREIN 26 PRESCRIBED, OR WITHIN ANY EXTENSION GRANTED BY THE DEPARTMENT, 27 IT SHALL FORFEIT ITS RIGHT TO SHARE IN THE NEXT-ENSUING 28 DISTRIBUTION MADE PURSUANT TO SECTION 1107-A. 29 SECTION 1107-A. DISTRIBUTION TO LOCAL TAXING AUTHORITIES.-- 30 (A) FROM THE REPORTS RECEIVED BY IT IN EACH YEAR PURSUANT TO 19790H0404B1742 - 7 -
1 SECTION 1106-A, THE DEPARTMENT SHALL DETERMINE: 2 (1) THE TOTAL TAX RECEIPTS SHOWN IN ALL SUCH REPORTS. 3 (2) THE TOTAL REALTY TAX EQUIVALENT SHOWN IN ALL SUCH 4 REPORTS. 5 (B) ON OR BEFORE THE FIRST DAY OF OCTOBER OF 1971 AND OF 6 EACH YEAR THEREAFTER, THE DEPARTMENT SHALL DISTRIBUTE TO EACH 7 REPORTING LOCAL TAXING AUTHORITY ITS SHARE OF THE TOTAL REALTY 8 TAX EQUIVALENT DETERMINED PURSUANT TO SUBSECTION (A)(2), WHICH 9 SHARE SHALL BE THE RATIO WHICH THE TOTAL TAX RECEIPTS REPORTED 10 BY THAT LOCAL TAXING AUTHORITY BEAR TO THE TOTAL TAX RECEIPTS 11 DETERMINED PURSUANT TO SUBSECTION (A)(1). 12 (C) FOR THE PURPOSE OF MAKING SUCH PAYMENT, THE DEPARTMENT 13 SHALL MAKE REQUISITION THEREFOR IN THE MANNER PRESCRIBED BY THE 14 FISCAL CODE. 15 SECTION 1108-A. LEGISLATIVE INTENT.--(A) IT IS THE 16 LEGISLATIVE INTENT THAT THE TAX IMPOSED BY THIS ACT SHALL BE IN 17 ADDITION TO ANY TAX NOW OR HEREAFTER IMPOSED UPON THE GROSS 18 RECEIPTS OF PUBLIC UTILITIES UNDER THE ACT OF JUNE 1, 1889 19 (P.L.420, NO.332), AND THIS ACT SHALL NOT BE CONSTRUED IN ANY 20 MANNER AS TO CONSTITUTE A REPLACEMENT FOR OR A REPEALER OF THE 21 ABOVE CITED ACT. 22 (B) IT IS SPECIFICALLY DECLARED AS THE LEGISLATIVE INTENT OF 23 THE GENERAL ASSEMBLY THAT FOR PURPOSES OF IMPOSITION OR 24 NONIMPOSITION OF TAX HEREIN, THAT THIS ARTICLE XI-A SHALL NOT BE 25 CONSTRUED OR DETERMINED IN ANY WAY BY ANY COURT OF RECORD THAT 26 THIS ARTICLE IS IN PARI MATERIA WITH ANY COUNTY ASSESSMENT LAW 27 HERETOFORE OR HEREAFTER ENACTED, NOR SHALL SUCH COURTS HAVE THE 28 AUTHORITY TO CONSTRUE THE TAX ASSESSMENT BASE RELATING TO 29 INDUSTRIAL REALTY CLASSIFICATION UNDER SUCH COUNTY ASSESSMENT 30 LAWS AS BEING IN CONFORMITY WITH OR IN ANY WAY APPLICABLE TO THE 19790H0404B1742 - 8 -
1 UTILITY REALTY TAX ASSESSMENT BASE AS DEFINED IN THIS ARTICLE. 2 ACCORDINGLY, WHETHER OR NOT PUBLIC UTILITY PROPERTY IS SUBJECT 3 TO TAX OR IS EXCLUDED FROM TAX UNDER THIS ARTICLE SHALL BE 4 DETERMINED SOLELY BY THE APPLICATION OF THE TERM "UTILITY 5 REALTY," AS THAT TERM IS SPECIFICALLY DEFINED BY THE GENERAL 6 ASSEMBLY UNDER SECTION 1101-A(4). 7 SECTION 2. THE ACT OF MARCH 10, 1970 (P.L.168, NO.66), KNOWN 8 AS THE "PUBLIC UTILITY REALTY TAX ACT," IS REPEALED. 9 SECTION 3. NOTHING CONTAINED IN THIS ACT SHALL BE CONSTRUED 10 TO RELIEVE ANY PERSON, CORPORATION OR OTHER ENTITY FROM THE 11 FILING RETURNS OR FROM ANY TAXES, PENALTIES OR INTEREST IMPOSED 12 BY THE PROVISIONS OF ANY LAWS WHICH WERE IN EFFECT PRIOR TO 13 BEING REPEALED BY THIS ACT, OR AFFECT OR TERMINATE ANY 14 PETITIONS, INVESTIGATIONS, PROSECUTIONS, LEGAL OR OTHERWISE, OR 15 OTHER PROCEEDINGS PENDING UNDER THE PROVISIONS OF ANY SUCH LAWS 16 OR PREVENT THE COMMENCEMENT OR FURTHER PROSECUTION OF ANY 17 PROCEEDINGS BY THE PROPER AUTHORITIES OF THE COMMONWEALTH FOR 18 VIOLATION OF ANY SUCH LAWS OR FOR THE ASSESSMENT, SETTLEMENT, 19 COLLECTION OR RECOVERY OF TAXES, PENALTIES OR INTEREST DUE TO 20 THE COMMONWEALTH UNDER ANY OF THE LAWS WHICH WERE IN EFFECT 21 PRIOR TO BEING REPEALED BY THIS ACT. 22 SECTION 4. THIS ACT SHALL TAKE EFFECT IMMEDIATELY AND SHALL 23 BE RETROACTIVE TO JANUARY 1, 1978. B13L56RZ/19790H0404B1742 - 9 -