PRINTER'S NO. 728
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 20010H0655B0728 - 2 -
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. A19L72VDL/20010H0655B0728 - 3 -