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                                                      PRINTER'S NO. 1774

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1470 Session of 2001


        INTRODUCED BY STERN, GEORGE, PETRARCA, MARKOSEK, GODSHALL,
           M. BAKER, BARRAR, ARMSTRONG, DeWEESE, HENNESSEY, WILT,
           L. I. COHEN, WALKO, CAPPABIANCA, HERMAN, CALTAGIRONE,
           BENNINGHOFF, JAMES, CAWLEY, DeLUCA, SOLOBAY, YOUNGBLOOD,
           J. TAYLOR, McILHATTAN, READSHAW, J. EVANS, SEMMEL, TIGUE,
           PIPPY, PRESTON, SAYLOR, WANSACZ, GEIST, CREIGHTON,
           HUTCHINSON, LAUGHLIN, E. Z. TAYLOR, S. MILLER, TRICH, MELIO,
           McCALL, THOMAS, WOJNAROSKI, SHANER, BROWNE, YUDICHAK,
           BELFANTI, HERSHEY, SCRIMENTI, ZUG, TRELLO, FREEMAN, ROSS,
           HARHAI AND ROBERTS, MAY 1, 2001

        REFERRED TO COMMITTEE ON FINANCE, MAY 1, 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" for purposes of
    11     personal income tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 301(o.2) of the act of March 4, 1971
    15  (P.L.6, No.2), known as the Tax Reform Code of 1971, amended
    16  December 31, 1991 (P.L.373, No.40), is amended to read:
    17     Section 301.  Definitions.--The following words, terms and
    18  phrases when used in this article shall have the meaning


     1  ascribed to them in this section except where the context
     2  clearly indicates a different meaning. Unless specifically
     3  provided otherwise, any reference in this article to the
     4  Internal Revenue Code shall include the Internal Revenue Code of
     5  1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.), as amended to
     6  January 1, 1997:
     7     * * *
     8     (o.2)  "Poverty income" means for the purpose of determining
     9  eligibility for special tax provisions all moneys or property
    10  (including interest, gains or income derived from obligations
    11  which are statutorily free from State or local taxation under
    12  any other act of the General Assembly of the Commonwealth of
    13  Pennsylvania or under the laws of the United States) received of
    14  whatever nature and from whatever source derived, but not
    15  including (i) periodic payments for sickness and disability
    16  other than regular wages received during a period of sickness or
    17  disability; or (ii) disability, retirement or other payments
    18  arising under workmen's compensation acts, occupational disease
    19  acts and similar legislation by any government; or (iii)
    20  payments commonly recognized as old age or retirement benefits
    21  paid to persons retired from service after reaching a specific
    22  age or after a stated period of employment; or (iv) payments
    23  commonly known as public assistance or unemployment compensation
    24  payments by any governmental agency; or (v) payments to
    25  reimburse actual expenses; or (vi) payments made by employers or
    26  labor unions for programs covering hospitalization, sickness,
    27  disability or death, supplemental unemployment benefits, strike
    28  benefits, Social Security and retirement; or (vii) any
    29  compensation received by United States servicemen serving in a
    30  combat zone. "Poverty income" shall be reduced by the medical
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     1  and dental expenses deducted on the taxpayer's Federal income
     2  tax return under section 213 of the Internal Revenue Code of
     3  1986 (Public Law 99-514, 26 U.S.C. § 1 et seq.).
     4     * * *
     5     Section 2.  This act shall apply to taxable years commencing
     6  on or after December 31, 2000.
     7     Section 3.  This act shall take effect immediately.
















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