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                                                       PRINTER'S NO. 728

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 655 Session of 2001


        INTRODUCED BY T. STEVENSON, ALLEN, BARD, BARRAR, BASTIAN,
           BELFANTI, CALTAGIRONE, L. I. COHEN, CORRIGAN, COSTA, COY,
           CREIGHTON, CRUZ, DAILEY, DALLY, FLEAGLE, FORCIER, GABIG,
           GEIST, GRUCELA, HABAY, HENNESSEY, HERMAN, HORSEY, LAUGHLIN,
           MARKOSEK, MARSICO, McCALL, McGILL, McILHATTAN, MELIO,
           MICOZZIE, R. MILLER, ORIE, PETRARCA, PISTELLA, READSHAW,
           ROBERTS, ROSS, SAINATO, STABACK, STAIRS, R. STEVENSON,
           E. Z. TAYLOR, THOMAS, TRELLO, WILT, YOUNGBLOOD, ZUG, CIVERA,
           COLAFELLA AND HARHAI, FEBRUARY 13, 2001

        REFERRED TO COMMITTEE ON FINANCE, FEBRUARY 13, 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," authorizing a tax credit for volunteer
    11     firefighters for purposes of personal income tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  The act of March 4, 1971 (P.L.6, No.2), known as
    15  the Tax Reform Code of 1971, is amended by adding an article to
    16  read:
    17                          ARTICLE XVIII-B
    18                  VOLUNTEER FIREFIGHTER TAX CREDIT
    19     Section 1801-B.  Short Title.--This article shall be known

     1  and may be cited as the "Volunteer Firefighter Tax Relief Law."
     2     Section 1802-B.  Definitions.--The following words, terms and
     3  phrases, when used in this article, shall have the meanings
     4  ascribed to them in this section, except where the context
     5  clearly indicates a different meaning:
     6     "Department" means the Department of Revenue of the
     7  Commonwealth.
     8     "Firefighting service hour" means an hour during which a
     9  volunteer firefighter provides firefighting services in response
    10  to an emergency call.
    11     "Secretary" means the Secretary of Revenue of the
    12  Commonwealth.
    13     "Taxpayer" means an individual who is subject to tax under
    14  Article III of this act.
    15     "Volunteer firefighter" shall have the same meaning given to
    16  it under section 2 of the act of June 11, 1968 (P.L.149, No.84),
    17  known as the "Volunteer Firefighters' Relief Association Act."
    18     Section 1803-B.  Credit Authorized.--(a)  A taxpayer who is a
    19  volunteer firefighter, responds to an emergency call and has his
    20  name entered on the fire log in a taxable year may apply for a
    21  tax credit from tax imposed under Article III of this act. By
    22  September 15, the taxpayer must submit an application to the
    23  department that sets forth the number of firefighting service
    24  hours in the calendar year that ended in the prior calendar
    25  year.
    26     (b)  A taxpayer that is qualified under subsection (a) shall
    27  receive a volunteer firefighter tax credit for the taxable year
    28  in the amount of the product of:
    29     (1)  the number of firefighting service hours times the
    30  service rate established in accordance with section 1804-B; and
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     1     (2)  the rate of tax established in section 302 of this act.
     2     (c)  The department shall notify the taxpayer of the amount
     3  of credit awarded under this article.
     4     Section 1804-B.  Establishment of Service Rate.--The
     5  secretary shall prescribe by regulation a service rate equal to
     6  an amount of reasonable compensation for the services provided
     7  by volunteer firefighters. The secretary may, in his sole
     8  discretion, by regulation annually adjust the service rate.
     9     Section 1805-B.  Report to General Assembly.--The secretary
    10  shall submit an annual report to the General Assembly indicating
    11  the effectiveness of the credit provided by this article not
    12  later than March 15 following the year in which the credits are
    13  approved. The report shall include the number of taxpayers
    14  utilizing the credit as of the date of the report and the number
    15  of credits approved and utilized. The report may also include
    16  any recommendations for changes in the calculation or
    17  administration of the credit.
    18     Section 1806-B.  Regulations.--The secretary shall promulgate
    19  regulations necessary for the implementation and administration
    20  of this article.
    21     Section 2.  This act shall take effect in 60 days.






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