PRIOR PRINTER'S NO. 441                       PRINTER'S NO. 4242

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 421 Session of 1995


        INTRODUCED BY E. Z. TAYLOR, CARONE, COLAFELLA, TRUE, TIGUE,
           MELIO, LAUGHLIN, SCHULER, HENNESSEY, LAWLESS, GEIST, EGOLF,
           BROWN, WOZNIAK, ARMSTRONG, CARN, YOUNGBLOOD, SCHRODER, REBER,
           THOMAS, RUBLEY, L. I. COHEN, PLATTS, ROONEY, DERMODY, WAUGH,
           SEMMEL, HASAY, SAYLOR, WASHINGTON, PETRARCA, BARD, B. SMITH,
           HORSEY, GORDNER, MICOZZIE, FICHTER, HUTCHINSON, KENNEY,
           HERMAN, J. TAYLOR, RAYMOND, TRELLO, ROBERTS, D. R. WRIGHT,
           STEIL, M. N. WRIGHT, STABACK, COY, STEELMAN, FLICK, JOSEPHS,
           OLASZ, MARSICO, VANCE, RUDY, SURRA, BROWNE, CAWLEY AND CURRY,
           JANUARY 31, 1995

        AS REPORTED FROM COMMITTEE ON FINANCE, HOUSE OF REPRESENTATIVES,
           AS AMENDED, NOVEMBER 18, 1996

                                     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," providing for an exclusion from the Pennsylvania
    11     personal income tax of earnings expended for child care.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 303(a)(1) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    16  March 13, 1974 (P.L.179, No.32), is amended to read:
    17     Section 303.  Classes of Income.--(a)  The classes of income
    18  referred to above are as follows:

     1     (1)  Compensation.  All salaries, wages, commissions, bonuses
     2  and incentive payments whether based on profits or otherwise,
     3  fees, tips and similar remuneration received for services
     4  rendered whether directly or through an agent and whether in
     5  cash or in property except income derived from the United States
     6  Government for active duty outside the Commonwealth of
     7  Pennsylvania as a member of its armed forces. Notwithstanding
     8  the foregoing, an amount equal to any REASONABLE AND NECESSARY    <--
     9  expenses incurred by a person legally responsible for the care
    10  of any children, for the care of those children during any
    11  period of time the person is engaged in performing services in
    12  connection with the person's employment, whether the care be in-
    13  home or at any licensed Pennsylvania child care facility, shall
    14  be excluded from income taxed as compensation.
    15     * * *
    16     Section 2.  The Department of Revenue shall promulgate rules
    17  and regulations to carry out the provisions of this act and
    18  shall undertake to inform the public of this act.
    19     Section 3.  This act shall be retroactive to January 1, 1991.  <--
    20  APPLY TO TAX YEARS BEGINNING ON OR AFTER JANUARY 1, 1997.         <--
    21     Section 4.  This act shall take effect immediately.






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