PRIOR PRINTER'S NO. 204 PRINTER'S NO. 2028
No. 217 Session of 2001
INTRODUCED BY RUBLEY, ARMSTRONG, THOMAS, WILT, GEIST, CAPPABIANCA, HERMAN, NAILOR, BOYES, TULLI, YOUNGBLOOD, ORIE, DeWEESE, CAPPELLI, GEORGE, BEBKO-JONES, CORRIGAN, COY, BELARDI, BARRAR, BELFANTI, B. SMITH, FEESE, SOLOBAY, SURRA, COLAFELLA, M. BAKER, MANDERINO, WANSACZ, SHANER, E. Z. TAYLOR, BARD, MANN, GRUCELA, STURLA, ADOLPH, S. MILLER, FRANKEL, TIGUE, McILHATTAN, YEWCIC, STABACK, SCHRODER, HENNESSEY, HERSHEY, ROSS, PISTELLA, SCRIMENTI, HARHAI, SATHER, CURRY, SAMUELSON, PETRARCA, KAISER, M. COHEN, DAILEY, ZUG, FREEMAN, WATSON, PIPPY, C. WILLIAMS, LAUGHLIN, JOSEPHS, TRELLO, SEMMEL, STEELMAN, McCALL, CIVERA, SAYLOR, L. I. COHEN, BROWNE, STETLER AND YUDICHAK, JANUARY 25, 2001
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 22, 2001
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," FURTHER DEFINING "POVERTY INCOME"; FURTHER <-- 11 PROVIDING FOR EXEMPTIONS FROM THE UTILITIES GROSS RECEIPTS 12 TAX; AND providing for a child-care tax credit. 13 The General Assembly of the Commonwealth of Pennsylvania 14 hereby enacts as follows: 15 Section 1. The act of March 4, 1971 (P.L.6, No.2), known as <-- 16 the Tax Reform Code of 1971, is amended by adding an article to 17 read:
1 SECTION 1. SECTION 301(O.2) OF THE ACT OF MARCH 4, 1971 <-- 2 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, AMENDED 3 DECEMBER 13, 1991 (P.L.373, NO.40), IS AMENDED TO READ: 4 SECTION 301. DEFINITIONS.--THE FOLLOWING WORDS, TERMS AND 5 PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANING 6 ASCRIBED TO THEM IN THIS SECTION EXCEPT WHERE THE CONTEXT 7 CLEARLY INDICATES A DIFFERENT MEANING. UNLESS SPECIFICALLY 8 PROVIDED OTHERWISE, ANY REFERENCE IN THIS ARTICLE TO THE 9 INTERNAL REVENUE CODE SHALL INCLUDE THE INTERNAL REVENUE CODE OF 10 1986 (PUBLIC LAW 99-514, 26 U.S.C. § 1 ET SEQ.), AS AMENDED TO 11 JANUARY 1, 1997: 12 * * * 13 (O.2) "POVERTY INCOME" MEANS FOR THE PURPOSE OF DETERMINING 14 ELIGIBILITY FOR SPECIAL TAX PROVISIONS ALL MONEYS OR PROPERTY 15 (INCLUDING INTEREST, GAINS OR INCOME DERIVED FROM OBLIGATIONS 16 WHICH ARE STATUTORILY FREE FROM STATE OR LOCAL TAXATION UNDER 17 ANY OTHER ACT OF THE GENERAL ASSEMBLY OF THE COMMONWEALTH OF 18 PENNSYLVANIA OR UNDER THE LAWS OF THE UNITED STATES) RECEIVED OF 19 WHATEVER NATURE AND FROM WHATEVER SOURCE DERIVED, BUT NOT 20 INCLUDING (I) PERIODIC PAYMENTS FOR SICKNESS AND DISABILITY 21 OTHER THAN REGULAR WAGES RECEIVED DURING A PERIOD OF SICKNESS OR 22 DISABILITY; OR (II) DISABILITY, RETIREMENT OR OTHER PAYMENTS 23 ARISING UNDER WORKMEN'S COMPENSATION ACTS, OCCUPATIONAL DISEASE 24 ACTS AND SIMILAR LEGISLATION BY ANY GOVERNMENT; OR (III) 25 PAYMENTS COMMONLY RECOGNIZED AS OLD AGE OR RETIREMENT BENEFITS 26 PAID TO PERSONS RETIRED FROM SERVICE AFTER REACHING A SPECIFIC 27 AGE OR AFTER A STATED PERIOD OF EMPLOYMENT; OR (IV) PAYMENTS 28 COMMONLY KNOWN AS PUBLIC ASSISTANCE OR UNEMPLOYMENT COMPENSATION 29 PAYMENTS BY ANY GOVERNMENTAL AGENCY; OR (V) PAYMENTS TO 30 REIMBURSE ACTUAL EXPENSES; OR (VI) PAYMENTS MADE BY EMPLOYERS OR 20010H0217B2028 - 2 -
1 LABOR UNIONS FOR PROGRAMS COVERING HOSPITALIZATION, SICKNESS, 2 DISABILITY OR DEATH, SUPPLEMENTAL UNEMPLOYMENT BENEFITS, STRIKE 3 BENEFITS, SOCIAL SECURITY AND RETIREMENT; OR (VII) ANY 4 COMPENSATION RECEIVED BY UNITED STATES SERVICEMEN SERVING IN A 5 COMBAT ZONE. "POVERTY INCOME" SHALL BE REDUCED BY THE REAL 6 PROPERTY TAXES PAID BY THE TAXPAYER ON THE TAXPAYER'S PRINCIPAL 7 RESIDENCE. 8 * * * 9 SECTION 2. SECTION 1101(G) OF THE ACT, ADDED JUNE 23, 1982 10 (P.L.610, NO.172), IS AMENDED TO READ: 11 SECTION 1101. IMPOSITION OF TAX.--* * * 12 (G) CERTAIN GROSS RECEIPTS NOT TAXED.--THE TAX OTHERWISE 13 IMPOSED PURSUANT TO THIS SECTION UPON GROSS RECEIPTS DERIVED 14 FROM THE SALE OF ELECTRICITY SHALL NOT HOWEVER BE IMPOSED UPON 15 THOSE PORTIONS OF THE GROSS RECEIPTS OF AN ELECTRIC LIGHT 16 COMPANY ATTRIBUTABLE TO THE FOLLOWING SOURCES: 17 (1) THE NET INCREASE IN ITS GROSS RECEIPTS RESULTING FROM 18 RECOVERY FROM ITS CUSTOMERS OF THE COSTS OF PURCHASES OF 19 ADDITIONAL ENERGY NECESSITATED BY THE PHYSICAL OR LEGAL 20 INABILITY TO OPERATE A NUCLEAR GENERATING FACILITY AS A RESULT 21 OF AN ACCIDENT OR NATURAL DISASTER CAUSING MATERIAL DAMAGE TO 22 THAT FACILITY OR TO A SIMILAR ASSOCIATED FACILITY LOCATED 23 IMMEDIATELY ADJACENT, WHEREUPON EITHER THE DAMAGED FACILITY, 24 ANOTHER LOCATED IMMEDIATELY ADJACENT, OR BOTH, HAVE BEEN REMOVED 25 FROM THE COMPANY'S RATE BASE FOR A PERIOD EXCEEDING TWENTY-FIVE 26 MONTHS. THE DEPARTMENT OF REVENUE SHALL REQUEST THE PUBLIC 27 UTILITY COMMISSION TO DETERMINE, FOR EACH SUCH FACILITY, THE NET 28 INCREASE IN THE GROSS RECEIPTS OF ITS ELECTRIC COMPANY OWNER FOR 29 THE IMMEDIATE PRIOR TWELVE-MONTH PERIOD. THIS DETERMINATION 30 SHALL REFLECT THE DIFFERENCE BETWEEN THE INCREASED GROSS 20010H0217B2028 - 3 -
1 RECEIPTS OF THE COMPANY ATTRIBUTABLE TO RECOVERY OF COSTS FOR 2 PURCHASE OF REPLACEMENT ENERGY WHICH OTHERWISE WOULD HAVE BEEN 3 NORMALLY GENERATED BY THE INOPERATIVE FACILITY IN SUCH TWELVE- 4 MONTH PERIOD LESS THE REDUCTION IN THE COMPANY'S GROSS RECEIPTS 5 ATTRIBUTABLE TO REMOVAL OF THE CAPITAL COSTS OF THE FACILITY 6 FROM THE COMPANY'S RATE BASE AND LESS THE REDUCTION IN THE 7 COMPANY'S GROSS RECEIPTS ATTRIBUTABLE TO REDUCTION IN OPERATING 8 EXPENSES THAT WOULD HAVE OTHERWISE BEEN INCURRED BY NORMAL 9 OPERATION OF THE FACILITY IN SUCH TWELVE-MONTH PERIOD. THE 10 PUBLIC UTILITY COMMISSION SHALL, IMMEDIATELY AFTER SUPPLYING THE 11 REQUESTED DATA, PROCEED TO MAKE THE APPROPRIATE REVISION IN THE 12 STATE TAX ADJUSTMENT CHARGE OF THE ELECTRIC COMPANY; 13 (2) RECOVERY FROM ITS CUSTOMERS OF COSTS INCURRED IN 14 CONNECTION WITH THE CLEAN-UP AND DECONTAMINATION OF A NUCLEAR 15 GENERATING FACILITY WHICH HAS EXPERIENCED A MAJOR ACCIDENT OR 16 NATURAL DISASTER AND HAS BEEN REMOVED FROM THE ELECTRIC LIGHT 17 COMPANY'S RATE BASE; [AND] 18 (3) RECOVERY FROM ITS CUSTOMERS OF COSTS FOR THE 19 AMORTIZATION OF INVESTMENTS IN A NUCLEAR GENERATING FACILITY 20 WHOSE REMOVAL FROM THE RATE BASE OF AN ELECTRIC LIGHT COMPANY 21 HAS BEEN APPROVED BY THE PUBLIC UTILITY COMMISSION ON ACCOUNT OF 22 A MAJOR ACCIDENT OR NATURAL DISASTER[.]; AND 23 (4) ACCOUNTS OF CUSTOMERS WHO ARE RESIDENTS OF THIS 24 COMMONWEALTH, WHO ARE SIXTY-FIVE YEARS OF AGE OR OLDER, AND WHO 25 HAVE AN ANNUAL HOUSEHOLD INCOME UNDER $20,000, PROVIDED THAT THE 26 ELECTRIC LIGHT COMPANY REDUCES THE RATES OF THOSE CUSTOMERS 27 PROPORTIONATELY TO THE AMOUNT OF TAX AVOIDED BY THE APPLICATION 28 OF THIS CLAUSE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN 29 ELECTRIC LIGHT COMPANY IS AUTHORIZED TO REDUCE RATES TO SUCH 30 CUSTOMERS IN ORDER TO COMPLY WITH THIS CLAUSE. 20010H0217B2028 - 4 -
1 * * * 2 SECTION 3. THE ACT IS AMENDED BY ADDING AN ARTICLE TO READ: 3 ARTICLE XIX-B 4 CHILD-CARE TAX CREDIT 5 Section 1901-B Short Title.--This article shall be known and 6 may be cited as the Child-care Tax Credit Act. 7 Section 1902-B. Definitions.--The following words and 8 phrases when used in this article shall have the meanings 9 ascribed to them in this section except where the context 10 clearly indicates a different meaning: 11 "Business firm." A corporation, partnership, sole 12 proprietorship or other entity authorized to do business in this 13 Commonwealth and subject to any of the taxes imposed by Article 14 III, IV, VI, VII, VIII, IX or XV of this act. 15 "Contributions." Payments made to a child-care facility not 16 owned or operated by the business firm for child-care services 17 for the children of employes of the business firm. 18 "Credit." The child-care tax credit. 19 "Net costs." Amounts expended for the operation of a child- 20 care facility reduced by the fees or charges paid by the users 21 of the child-care facility services. 22 Section 1903-B. Authorization of Credit.--(a) A business 23 firm that operates its own child-care facility which meets the 24 following requirements shall be eligible for the tax credit: 25 (1) The child-care facility has been issued a valid license 26 by the Department of Public Welfare. 27 (2) Children of the business firm's employes utilize the 28 facility on a regular basis. 29 (3) At least fifty per cent of the employes utilizing the 30 child-care facility are not individuals who own more than ten 20010H0217B2028 - 5 -
1 per cent of the business firm. 2 (4) The child-care program equitably benefits groups of 3 employees who qualify under a classification set up by the 4 business firm which is not discriminatory in favor of officers, 5 shareholders, owners or their dependents. 6 (5) At least eighty per cent of the children utilizing the 7 child-care facility are children of the business firm's 8 employes. 9 (b) A business firm which makes contributions to a child- 10 care facility not owned or operated by the business firm shall 11 be eligible for the tax credit if the following requirements are 12 met: 13 (1) The child-care facility has been issued a valid license 14 by the Department of Public Welfare. 15 (2) At least fifty per cent of the employes utilizing the 16 child-care facility are not individuals who own more than ten 17 per cent of the business firm. 18 (3) The child-care program equitably benefits groups of 19 employes who qualify under a classification set up by the 20 business firm which is not discriminatory in favor of officers, 21 shareholders, owners or their dependents. 22 Section 1904-B. Calculation of Credit.--(a) The amount of 23 the tax credit available to a business firm which qualifies 24 under this article and operates its own not-for-profit child- 25 care facility shall be equal to twenty-five per cent of the net 26 costs of the child-care facility. 27 (b) The amount of the tax credit available to a business 28 firm which qualifies under this article and contributes to a 29 child-care facility not owned or operated by the business firm 30 shall be equal to twenty-five per cent of the contributions made 20010H0217B2028 - 6 -
1 by the business firm to the child-care facility. 2 (c) The annual credit allowed under this section shall not 3 exceed twenty-five thousand dollars ($25,000) per business firm. 4 Section 1905-B. Taxes Against Which Credit May Be Taken.-- 5 (a) Except as provided in subsection (b), the tax credits 6 provided for in this article may be applied against any tax due 7 under Article III, IV, VI, VII, VIII, IX or XV of this act. 8 (b) The tax credits provided for in this article shall not 9 be applied against employer withholding taxes required under 10 Article III of this act. 11 Section 1906-B. Powers and Duties.--(a) The Department of 12 Revenue, in cooperation with the Department of Public Welfare, 13 shall administer the provisions of this article, promulgate 14 appropriate rules, regulations and forms for that purpose and 15 make such determinations as may be required. 16 (b) Child-care tax credits may be claimed only upon 17 presentation of an authorizing certificate. Certificates will be 18 issued to a business firm upon presentation to the Department of 19 Public Welfare of evidence of eligibility under this article. 20 (c) The Secretary of Public Welfare and the Secretary of 21 Revenue shall submit an annual report to the General Assembly 22 indicating the effectiveness of the credit provided by this act 23 no later than March 15 following the year in which the credits 24 were issued. The report shall include the number of taxpayers 25 utilizing the credit as of the date of the report and the amount 26 of credits issued and utilized. The report may also include any 27 recommendations for changes in the calculation or administration 28 of the credit. 29 Section 1907-B. Limitations.--The total amount of child-care 30 credits authorized by this article shall not exceed twenty-five 20010H0217B2028 - 7 -
1 million dollars ($25,000,000) in any fiscal year. The Department 2 of Public Welfare shall promulgate regulations to issue 3 certificates and avoid certificate issuances in excess of the 4 maximum authorized amount for any fiscal year. 5 Section 1908-B. Time Periods for Earning and Using 6 Credits.--Child-care credits may be issued for net costs or 7 contributions occurring on or after January 1, 2001, and before 8 January 1, 2006. Child-care credits issued may be claimed 9 against taxes payable for tax years beginning on or after 10 January 1, 2002, and before January 1, 2008. 11 SECTION 4. ALL ACTS AND PARTS OF ACTS ARE REPEALED INSOFAR <-- 12 AS THEY ARE INCONSISTENT WITH THIS ACT. 13 Section 2 5. This act shall apply to tax years beginning on <-- 14 or after January 1, 2001. 15 Section 3 6. This act shall take effect immediately. <-- A4L72DMS/20010H0217B2028 - 8 -