PRIOR PRINTER'S NO. 1851 PRINTER'S NO. 2095
No. 1314 Session of 2008
INTRODUCED BY BAKER, WAUGH, RAFFERTY, PUNT, O'PAKE, MADIGAN, KASUNIC, FONTANA, ERICKSON, BOSCOLA, ORIE, KITCHEN, TOMLINSON, EICHELBERGER, WONDERLING, REGOLA, LOGAN, CORMAN, ARMSTRONG, BROWNE, BRUBAKER, ROBBINS, PIPPY, EARLL, COSTA, WOZNIAK, C. WILLIAMS, FOLMER, M. WHITE, D. WHITE, RHOADES, McILHINNEY, DINNIMAN, VANCE, STOUT, MUSTO, WASHINGTON AND FERLO, MARCH 20, 2008
SENATOR ARMSTRONG, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 2, 2008
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 AMENDING THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), ENTITLED "AN <-- 13 ACT RELATING TO TAX REFORM AND STATE TAXATION BY CODIFYING 14 AND ENUMERATING CERTAIN SUBJECTS OF TAXATION AND IMPOSING 15 TAXES THEREON; PROVIDING PROCEDURES FOR THE PAYMENT, 16 COLLECTION, ADMINISTRATION AND ENFORCEMENT THEREOF; PROVIDING 17 FOR TAX CREDITS IN CERTAIN CASES; CONFERRING POWERS AND 18 IMPOSING DUTIES UPON THE DEPARTMENT OF REVENUE, CERTAIN 19 EMPLOYERS, FIDUCIARIES, INDIVIDUALS, PERSONS, CORPORATIONS 20 AND OTHER ENTITIES; PRESCRIBING CRIMES, OFFENSES AND 21 PENALTIES," PROVIDING FOR A VOLUNTEER RESPONDER RETENTION AND 22 RECRUITMENT TAX CREDIT. 23 The General Assembly of the Commonwealth of Pennsylvania 24 hereby enacts as follows: 25 Section 1. The act of March 4, 1971 (P.L.6, No.2), known as <--
1 the Tax Reform Code of 1971, is amended by adding an article to 2 read: 3 ARTICLE XVIII-C 4 VOLUNTEER RESPONDERS RETENTION 5 AND RECRUITMENT TAX CREDIT 6 Section 1801-C. Scope of article. 7 This article authorizes a volunteer responders retention and 8 recruitment tax credit. 9 Section 1802-C. Definitions. 10 The following words and phrases when used in this article 11 shall have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Active volunteer." A volunteer emergency medical services 14 worker or volunteer firefighter. 15 "Commissioner." The State Fire Commissioner appointed 16 pursuant to section 3 of the act of November 13, 1995 (P.L.604, 17 No.61), known as the State Fire Commissioner Act. 18 "Department." The Department of Revenue of the Commonwealth. 19 "Director." The director of the Emergency Medical Services 20 Office in the Department of Health of the Commonwealth. 21 "Secretary." The Secretary of Revenue of the Commonwealth. 22 "Taxpayer." An individual subject to payment of taxes under 23 Article III. 24 "Volunteer emergency medical services worker." A person 25 certified as an active volunteer emergency medical services 26 provider by the director of the Emergency Medical Services 27 Office in the Department of Health of the Commonwealth. 28 "Volunteer firefighter." The term shall have the same 29 meaning given to it under section 2(3) of the act of June 11, 30 1968 (P.L.149, No.84), known as the Volunteer Firefighters' 20080S1314B2095 - 2 -
1 Relief Association Act. The term includes fire police. 2 "Volunteer fire company." A nonprofit chartered corporation, 3 association or organization located in this Commonwealth that 4 provides fire protection services and may offer other volunteer 5 services within this Commonwealth. Voluntary emergency services 6 provided by a volunteer fire company may include voluntary 7 ambulance and voluntary rescue services. 8 Section 1803-C. Tax credit. 9 (a) Authorization.--A person certified as an active 10 volunteer may claim a tax credit of up to the amount specified 11 in subsection (b) from the tax imposed under Article III. If the 12 taxpayer's total tax liability under Article III is less than 13 $500, the credit shall equal the remaining tax liability. 14 (b) Amount of credit.-- 15 (1) The amount of the tax credit is equal to the 16 following: 17 (i) For the tax year beginning in the 2008 calendar 18 year, $100. 19 (ii) For the tax year beginning in the 2009 calendar 20 year, $200. 21 (iii) For the tax year beginning in the 2010 22 calendar year, $300. 23 (iv) For the tax year beginning in the 2011 calendar 24 year, $400. 25 (v) For the tax year beginning in the 2012 calendar 26 year, $500. 27 (2) (i) If the taxpayer is not a volunteer firefighter 28 or volunteer emergency medical services worker for the 29 entire tax year, the amount of the dollar credit shall be 30 prorated and the credit amount shall equal the maximum 20080S1314B2095 - 3 -
1 amount of credit for the tax year, divided by 12, 2 multiplied by the number of months in the tax year the 3 taxpayer was a volunteer. The credit shall be rounded to 4 the nearest $5. 5 (ii) If the taxpayer is a volunteer during any part 6 of a month, the taxpayer shall be considered a volunteer 7 for the entire month. 8 (iii) If the taxpayer is a volunteer firefighter and 9 a volunteer emergency medical services worker during the 10 same month, a credit may be claimed for only one 11 volunteer position for that month. 12 (c) Limitation.--In no event shall the total amount of the 13 tax credit under this article for a taxable year exceed the 14 taxpayer's tax liability. Any unused tax credit shall be allowed 15 the taxpayer against succeeding years' tax liability. No such 16 credit shall be allowed the taxpayer against prior years' tax 17 liability. 18 Section 1804-C. Active volunteer point system. 19 (a) Duty to develop and implement.--The commissioner and the 20 director shall jointly develop and implement an active volunteer 21 point system establishing the annual requirements for 22 designating firefighters and emergency medical services workers, 23 respectively, as active volunteers. 24 (b) Factors to be considered.--To determine whether a 25 volunteer is active, the point system shall consider the 26 following factors: 27 (1) Number of emergency calls responded to. 28 (2) Volunteer's level of training. 29 (3) Participation in formal training and drills. 30 (4) Time spent on administration and support activities, 20080S1314B2095 - 4 -
1 including fundraising and maintenance of facilities and 2 equipment. 3 (5) Involvement in other projects that directly benefit 4 the department's financial viability, emergency response or 5 operational readiness. 6 Section 1805-C. Credit verification. 7 (a) Volunteer fire company duty to report.--Within ten 8 business days of the end of each calendar year, the chief of 9 each volunteer fire company shall submit a report to the 10 commissioner with the name and address of each volunteer 11 firefighter who qualified for the tax credit for the previous 12 calendar year in the format specified by the secretary. 13 (b) Volunteer emergency medical service and ambulance 14 department duty to report.--Within ten business days of the end 15 of each calendar year, the chief of each volunteer emergency 16 medical service or ambulance department shall submit a report to 17 the director. The report shall include the name and address of 18 each volunteer emergency medical services worker who qualified 19 for the tax credit for the previous calendar year in the format 20 required by the secretary. 21 Section 1806-C. Active volunteer certification. 22 (a) General rule.--On or before January 31 of each year, the 23 commissioner and the director shall certify each volunteer 24 firefighter or volunteer emergency medical services worker 25 reported under section 1805-C as having met the requirements for 26 designation as an active volunteer. 27 (b) Procedures.--The commissioner and the director, in 28 cooperation with the secretary, shall jointly develop procedures 29 for documenting volunteer certification for tax credit purposes. 30 Section 2. This act shall apply to all taxable years 20080S1314B2095 - 5 -
1 beginning on or after January 1, 2009. 2 Section 3. This act shall take effect immediately. 3 SECTION 1. THE ACT OF MARCH 4, 1971 (P.L.6, NO.2), KNOWN AS <-- 4 THE TAX REFORM CODE OF 1971, IS AMENDED BY ADDING AN ARTICLE TO 5 READ: 6 ARTICLE XVIII-C 7 VOLUNTEER RESPONDER RETENTION 8 AND RECRUITMENT TAX CREDIT 9 SECTION 1801-C. DEFINITIONS. 10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE 11 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 12 CONTEXT CLEARLY INDICATES OTHERWISE: 13 "ACTIVE VOLUNTEER." A VOLUNTEER FOR A VOLUNTEER AMBULANCE 14 SERVICE, VOLUNTEER FIRE COMPANY OR VOLUNTEER RESCUE COMPANY 15 CERTIFIED BY THE COMMISSIONER AND THE DIRECTOR AS MEETING THE 16 CRITERIA OF THIS ACT. 17 "COMMISSIONER." THE STATE FIRE COMMISSIONER APPOINTED 18 PURSUANT TO SECTION 3 OF THE ACT OF NOVEMBER 13, 1995 (P.L.604, 19 NO.61), KNOWN AS THE STATE FIRE COMMISSIONER ACT. 20 "DEPARTMENT." THE DEPARTMENT OF REVENUE OF THE COMMONWEALTH. 21 "DIRECTOR." THE DIRECTOR OF THE EMERGENCY MEDICAL SERVICES 22 OFFICE IN THE DEPARTMENT OF HEALTH. 23 "QUALIFIED TAX LIABILITY." THE LIABILITY FOR TAXES IMPOSED 24 UNDER ARTICLE III. 25 "TAX CREDIT." THE TAX CREDIT AVAILABLE TO ACTIVE VOLUNTEERS 26 UNDER THIS ARTICLE. 27 "TAXPAYER." AN INDIVIDUAL SUBJECT TO PAYMENT OF TAXES UNDER 28 ARTICLE III. 29 "VOLUNTEER AMBULANCE SERVICE." AS DEFINED IN SECTION 102 OF 30 THE ACT OF JULY 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER 20080S1314B2095 - 6 -
1 FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. 2 "VOLUNTEER FIRE COMPANY." AS DEFINED IN SECTION 102 OF THE 3 ACT OF JULY 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER 4 FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. 5 "VOLUNTEER RESCUE COMPANY." AS DEFINED IN SECTION 102 OF THE 6 ACT OF JULY 31, 2003 (P.L.73, NO.17), KNOWN AS THE VOLUNTEER 7 FIRE COMPANY AND VOLUNTEER AMBULANCE SERVICE GRANT ACT. 8 SECTION 1802-C. APPLICATION. 9 (A) APPLICATION TO DEPARTMENT.--A TAXPAYER MAY SUBMIT AN 10 APPLICATION FOR A TAX CREDIT UNDER THIS ARTICLE IN A MANNER 11 REQUIRED BY THE DEPARTMENT. THE APPLICATION SHALL CONTAIN THE 12 FOLLOWING INFORMATION: 13 (1) THE NAMES AND TAX IDENTIFICATION NUMBER OF THE 14 TAXPAYER. 15 (2) THE NAME AND LOCATION OF THE VOLUNTEER FIRE COMPANY, 16 VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE COMPANY OF 17 WHICH THE TAXPAYER IS AN ACTIVE VOLUNTEER. 18 (3) ANY OTHER INFORMATION DEEMED APPROPRIATE BY THE 19 DEPARTMENT. 20 (B) APPROVAL.--THE DEPARTMENT SHALL REVIEW AND APPROVE OR 21 DISAPPROVE EACH APPLICATION IN THE ORDER IN WHICH IT IS 22 RECEIVED. UPON A DETERMINATION THAT THE TAXPAYER IS AN ACTIVE 23 VOLUNTEER, THE DEPARTMENT MAY APPROVE THE TAXPAYER FOR A TAX 24 CREDIT. 25 SECTION 1803-C. TAXPAYER CREDIT. 26 A TAXPAYER MAY CLAIM A TAX CREDIT AGAINST THE QUALIFIED TAX 27 LIABILITY OF THE TAXPAYER. 28 SECTION 1804-C. TAXPAYER ELIGIBILITY. 29 (A) CREDIT FOR EMPLOYMENT.--A TAXPAYER SHALL BE ELIGIBLE FOR 30 A TAX CREDIT UNDER SUBSECTION (B) AGAINST THE TAX IMPOSED UNDER 20080S1314B2095 - 7 -
1 ARTICLE III IF THE TAXPAYER IS AN ACTIVE VOLUNTEER WITHIN THIS 2 COMMONWEALTH. 3 (B) MAXIMUM CREDIT.--THE FOLLOWING SHALL APPLY: 4 (1) A TAXPAYER WHO QUALIFIES UNDER SUBSECTION (A) MAY 5 CLAIM A TAX CREDIT AS FOLLOWS: 6 (I) FOR THE TAX YEAR BEGINNING IN THE 2009 CALENDAR 7 YEAR, $100. 8 (II) FOR THE TAX YEAR BEGINNING IN THE 2010 CALENDAR 9 YEAR, $200. 10 (III) FOR THE TAX YEAR BEGINNING IN THE 2011 11 CALENDAR YEAR, $300. 12 (IV) FOR THE TAX YEAR BEGINNING IN THE 2012 CALENDAR 13 YEAR, $400. 14 (V) FOR THE TAX YEAR BEGINNING IN THE 2013 CALENDAR 15 YEAR, AND EACH YEAR THEREAFTER, $500. 16 (2) (I) IF THE TAXPAYER IS NOT AN ACTIVE VOLUNTEER FOR 17 THE ENTIRE TAX YEAR, THE AMOUNT OF THE TAX CREDIT SHALL 18 BE PRORATED AND THE CREDIT AMOUNT SHALL EQUAL THE MAXIMUM 19 AMOUNT OF CREDIT FOR THE TAX YEAR, DIVIDED BY 12, 20 MULTIPLIED BY THE NUMBER OF MONTHS IN THE TAX YEAR THE 21 TAXPAYER WAS AN ACTIVE VOLUNTEER. THE CREDIT SHALL BE 22 ROUNDED TO THE NEAREST $5. 23 (II) IF THE TAXPAYER IS AN ACTIVE VOLUNTEER DURING 24 ANY PART OF A MONTH, THE TAXPAYER SHALL BE CONSIDERED AN 25 ACTIVE VOLUNTEER FOR THE ENTIRE MONTH. 26 SECTION 1805-C. CARRY OVER AND CARRYBACK. 27 (A) GENERAL RULE.--IF THE TAXPAYER CANNOT USE THE ENTIRE 28 AMOUNT OF THE TAX CREDIT FOR THE FIRST TAXABLE YEAR IN WHICH THE 29 TAXPAYER IS ELIGIBLE FOR THE CREDIT, THE EXCESS MAY BE CARRIED 30 OVER TO SUCCEEDING TAXABLE YEARS AND USED AS A CREDIT AGAINST 20080S1314B2095 - 8 -
1 THE QUALIFIED TAX LIABILITY OF THE TAXPAYER FOR THOSE TAXABLE 2 YEARS. EACH TIME THE TAX CREDIT IS CARRIED OVER TO A SUCCEEDING 3 TAXABLE YEAR, IT SHALL BE REDUCED BY THE AMOUNT THAT WAS USED AS 4 A CREDIT DURING THE IMMEDIATELY PROCEEDING TAXABLE YEAR. THE TAX 5 CREDIT PROVIDED BY THIS ARTICLE MAY BE CARRIED OVER AND APPLIED 6 TO SUCCEEDING TAXABLE YEARS FOR NO MORE THAN THREE TAXABLE YEARS 7 FOLLOWING THE FIRST TAXABLE YEAR FOR WHICH THE TAXPAYER WAS 8 ENTITLED TO CLAIM THE CREDIT. 9 (B) APPLICATION.--A TAX CREDIT APPROVED BY THE DEPARTMENT IN 10 A TAXABLE YEAR SHALL FIRST BE APPLIED AGAINST THE TAXPAYER'S 11 QUALIFIED LIABILITY FOR THE CURRENT TAXABLE YEARS AS OF THE DATE 12 ON WHICH THE CREDIT WAS APPROVED BEFORE THE TAX CREDIT CAN BE 13 APPLIED AGAINST ANY TAX LIABILITY UNDER SUBSECTION (A). 14 (C) LIMITATIONS.--A TAXPAYER IS NOT ENTITLED TO CARRY BACK, 15 OBTAIN A REFUND OF, SELL OR ASSIGN AN UNUSED TAX CREDIT. 16 SECTION 1806-C. TOTAL AMOUNT OF CREDITS. 17 (A) GENERAL RULE.--THE TOTAL AMOUNT OF TAX CREDITS 18 AUTHORIZED BY THIS ARTICLE SHALL NOT EXCEED $8,500,000 IN EACH 19 FISCAL YEAR. IF THE CREDITS EXCEED THE $8,500,000 CAP IN A GIVEN 20 YEAR, THE CREDITS SHALL BE ALLOCATED ON A PRO RATA BASIS. 21 (B) ALLOCATION.--IF THE TOTAL AMOUNT OF THE TAX CREDITS 22 APPLIED FOR BY ALL TAXPAYERS UNDER THIS ARTICLE EXCEEDS THE 23 AMOUNT ALLOCATED, THE TAX CREDIT TO BE RECEIVED BY EACH 24 APPLICANT SHALL BE THE PRODUCT OF THE ALLOCATED AMOUNT 25 MULTIPLIED BY THE QUOTIENT OF THE TAX CREDIT APPLIED FOR BY THE 26 APPLICANT DIVIDED BY THE TOTAL OF ALL TAX CREDITS APPLIED FOR BY 27 ALL APPLICANTS, THE ALGEBRAIC EQUIVALENT OF WHICH IS: 28 TAXPAYER'S TAX CREDIT = AMOUNT ALLOCATED FOR THOSE CREDITS X 29 (TAX CREDIT APPLIED FOR BY THE APPLICANT/TOTAL 30 OF ALL CREDITS APPLIED FOR BY ALL APPLICANTS). 20080S1314B2095 - 9 -
1 SECTION 1807-C. POINT SYSTEM. 2 (A) GENERAL RULE.--THE COMMISSIONER AND THE DIRECTOR SHALL 3 JOINTLY DEVELOP AND IMPLEMENT A POINT SYSTEM ESTABLISHING THE 4 ANNUAL REQUIREMENTS FOR CERTIFICATION OF ACTIVE VOLUNTEERS. 5 (B) FACTORS.--TO DETERMINE WHETHER TO CERTIFY AN INDIVIDUAL 6 AS AN ACTIVE VOLUNTEER, THE POINT SYSTEM SHALL CONSIDER THE 7 FOLLOWING FACTORS: 8 (1) THE NUMBER OF EMERGENCY CALLS RESPONDED TO. 9 (2) THE VOLUNTEER'S LEVEL OF TRAINING AND PARTICIPATION 10 IN FORMAL TRAINING AND DRILLS. 11 (3) TIME SPENT ON ADMINISTRATION AND SUPPORT ACTIVITIES, 12 INCLUDING FUNDRAISING AND MAINTENANCE OF FACILITIES AND 13 EQUIPMENT. 14 (4) INVOLVEMENT IN OTHER PROJECTS THAT DIRECTLY BENEFIT 15 THE ORGANIZATION'S FINANCIAL VIABILITY, EMERGENCY RESPONSE OR 16 OPERATIONAL READINESS. 17 SECTION 1808-C. APPLICATION PROCESS. 18 (A) APPLICATION.--AN ACTIVE VOLUNTEER MAY APPLY TO THE 19 DEPARTMENT FOR A CERTIFICATION BY FILING AN APPLICATION ON THE 20 FORM REQUIRED BY THE DEPARTMENT. THE APPLICATION SHALL CONTAIN 21 THE FOLLOWING INFORMATION: 22 (1) THE NAME OF THE ACTIVE VOLUNTEER. 23 (2) THE NAME AND ADDRESS OF THE VOLUNTEER FIRE COMPANY, 24 VOLUNTEER AMBULANCE SERVICE OR VOLUNTEER RESCUE COMPANY WHERE 25 THE ACTIVE VOLUNTEER IS A MEMBER. 26 (3) ANY OTHER INFORMATION DEEMED TO BE APPROPRIATE BY 27 THE DEPARTMENT. 28 SECTION 1809-C. CERTIFICATION. 29 (A) SELF CERTIFICATION.--THE ACTIVE VOLUNTEER SHALL SIGN AND 30 SUBMIT THE APPLICATION TO THE CHIEF OF THE VOLUNTEER FIRE 20080S1314B2095 - 10 -
1 COMPANY OR THE SUPERVISOR OR CHIEF OF THE VOLUNTEER AMBULANCE 2 SERVICE OR VOLUNTEER RESCUE COMPANY FIRE OR EMS DEPARTMENT WHERE 3 HE OR SHE SERVES. 4 (B) LOCAL SIGN-OFF.--THE CHIEF OF THE VOLUNTEER FIRE 5 COMPANY, THE SUPERVISOR OR CHIEF OF THE VOLUNTEER AMBULANCE 6 SERVICE OR VOLUNTEER RESCUE COMPANY SHALL SIGN THE APPLICATION 7 ATTESTING TO THE INDIVIDUAL'S STATUS AS AN ACTIVE VOLUNTEER. THE 8 APPLICATION SHALL THEN BE FORWARDED TO THE DEPARTMENT FOR FINAL 9 REVIEW AND PROCESSING. 10 (C) DEPARTMENTAL REVIEW.--THE DEPARTMENT SHALL REVIEW AND 11 APPROVE OR DISAPPROVE THE APPLICATIONS IN THE ORDER IN WHICH 12 THEY ARE RECEIVED. 13 SECTION 1810-C. REGULATIONS. 14 THE DEPARTMENT SHALL ADOPT REGULATIONS, INCLUDING FORMS, 15 NECESSARY TO ADMINISTER THIS ARTICLE. THE DEPARTMENT MAY REQUIRE 16 PROOF OF THE CLAIM FOR TAX CREDIT. 17 SECTION 1811-C. REPORT TO GENERAL ASSEMBLY. 18 NO LATER THAN JUNE 1, 2010, AND SEPTEMBER 1 OF EACH YEAR 19 THEREAFTER, THE DEPARTMENT SHALL SUBMIT A REPORT ON THE TAX 20 CREDITS GRANTED UNDER THIS ARTICLE AND THE APPLICABILITY OF THE 21 TAX CREDIT TO THE RETENTION OF ACTIVE VOLUNTEERS OF A VOLUNTEER 22 AMBULANCE SERVICE, VOLUNTEER FIRE COMPANY OR VOLUNTEER RESCUE 23 COMPANY. THE REPORT SHALL INCLUDE THE NAMES OF TAXPAYERS WHO 24 UTILIZED THE CREDIT AS OF THE DATE OF THE REPORT AND THE AMOUNT 25 OF CREDITS APPROVED. THE REPORT MAY INCLUDE RECOMMENDATIONS FOR 26 CHANGES IN THE CALCULATION OR ADMINISTRATION OF THE TAX CREDIT. 27 THE REPORT SHALL BE SUBMITTED TO THE CHAIRMAN AND MINORITY 28 CHAIRMAN OF THE APPROPRIATIONS COMMITTEE OF THE SENATE, THE 29 CHAIRMAN AND MINORITY CHAIRMAN OF THE APPROPRIATIONS COMMITTEE 30 OF THE HOUSE OF REPRESENTATIVES, THE CHAIRMAN AND MINORITY 20080S1314B2095 - 11 -
1 CHAIRMAN OF THE FINANCE COMMITTEE OF THE SENATE AND THE CHAIRMAN 2 AND MINORITY CHAIRMAN OF THE FINANCE COMMITTEE OF THE HOUSE OF 3 REPRESENTATIVES. THE REPORT MAY INCLUDE OTHER INFORMATION THAT 4 THE DEPARTMENT DEEMS APPROPRIATE. 5 SECTION 1812-C. PENALTY. 6 A TAXPAYER WHO CLAIMS A CREDIT UNDER THIS ARTICLE BUT FAILS 7 TO MEET THE STANDARDS UNDER SECTION 1803-C SHALL REPAY THE FULL 8 AMOUNT OF THE TAX CREDIT TO THE COMMONWEALTH. 9 SECTION 2. THIS ACT SHALL APPLY TO ALL TAXABLE YEARS 10 BEGINNING ON OR AFTER JANUARY 1, 2009. 11 SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY. K28L72DMS/20080S1314B2095 - 12 -