THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ELLIS, QUIGLEY, CALTAGIRONE, CHRISTIANA, DALEY, DeLUCA, DUNBAR, EVERETT, GEIST, GEORGE, GIBBONS, GINGRICH, GODSHALL, KORTZ, MILLARD, MILLER, MURT, MUSTIO, PEIFER, PICKETT, SAYLOR, STEPHENS, STEVENSON, STURLA, TAYLOR, THOMAS, TOEPEL, VULAKOVICH, WAGNER, WATSON AND MIRABITO, OCTOBER 19, 2011

REFERRED TO COMMITTEE ON FINANCE, OCTOBER 19, 2011  

AN ACT

Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An

act relating to tax reform and State taxation by codifying

and enumerating certain subjects of taxation and imposing

taxes thereon; providing procedures for the payment,

collection, administration and enforcement thereof; providing

for tax credits in certain cases; conferring powers and

imposing duties upon the Department of Revenue, certain

employers, fiduciaries, individuals, persons, corporations

and other entities; prescribing crimes, offenses and

penalties," further providing for report and public

information and for tax credit; providing for annual report

on tax credits; and repealing provisions relating to report

to General Assembly.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1711-B of the act of March 4, 1971

(P.L.6, No.2), known as the Tax Reform Code of 1971, amended

December 23, 2003 (P.L.250, No.46), is repealed:

[Section 1711-B.  Report to General Assembly.--The secretary

shall submit an annual report to the General Assembly indicating

the effectiveness of the credit provided by this article no

later than March 15 following the year in which the credits were

approved. The report shall include the names of all taxpayers

utilizing the credit as of the date of the report and the amount

of credits approved and utilized by each taxpayer.

Notwithstanding any law providing for the confidentiality of tax

records, the information contained in the report shall be public

information. The report may also include any recommendations for

changes in the calculation or administration of the credit.]

Section 2.  Section 1710-E of the act, added July 25, 2007

(P.L.373, No.55), is amended to read:

Section 1710-E.  Report and public information.

[(a)  General rule.--]The commission, in consultation with

the department, shall annually report to the General Assembly on

the Resource Enhancement and Protection Tax Credit Program as

follows:

(1)  The number of projects and the dollar amount of tax

credits granted under the program in the aggregate, by best

management practice and per project.

(2)  The types, locations and costs of projects.

(3)  The estimated benefits of the projects, including

pollution reduction.

[(b)  Identity.--The identity of each taxpayer utilizing a

resource enhancement and protection tax credit under this

article and the amount of credits approved and utilized by each

taxpayer shall be made available annually within a year of when

the credits were granted and shall constitute a public record,

notwithstanding any law providing for the confidentiality of tax

records. This information regarding taxpayer use of resource

enhancement and protection tax credits shall be made available

in accordance with the laws applicable to public information and

public records generally and need not be included in the annual

report to the General Assembly.]

Section 3.  Section 1904-A(b) of the act, amended July 25,

2007 (P.L.373, No.55), is amended to read:

Section 1904-A.  Tax Credit.--* * *

(b)  The secretary is hereby authorized to promulgate rules

and regulations for the approval or disapproval of such

proposals by business firms or private companies. [The secretary

shall provide a report listing of all applications received and

their disposition in each fiscal year to the General Assembly by

October 1 of the following fiscal year. The secretary's report

shall include all taxpayers utilizing the credit and the amount

of credits approved, sold or assigned. Notwithstanding any law

providing for the confidentiality of tax records, the

information in the report shall be public information, and all

report information shall be posted on the secretary's Internet

website.]

* * *

Section 4.  The act is amended by adding a section to read:

Section 3003.22.  Annual Report.--(a)  The department shall

prepare an annual report to the General Assembly on the use of

all tax credits available during the previous fiscal year. Each

year by September 1, the department shall submit the report to

the chairman and minority chairman of the Finance Committee of

the Senate and the chairman and minority chairman of the Finance

Committee of the House of Representatives and post the report on

its website.

(b)  The report shall include the following information for

each available tax credit:

(1)  Separated by taxpayer:

(i)  The name of each taxpayer that claimed the credit.

(ii)  The amount of credit claimed.

(iii)  If applicable, a brief description of the project

associated with the credit, including the location and total

cost of the project.

(iv)  Whether the credit was sold or assigned.

(2)  Separated by credit:

(i)  The total amount of credits approved.

(ii)  The total amount of credits claimed.

(iii)  The total amount of credits sold or assigned.

(c)  Each agency responsible for administration of a tax

credit shall provide the information required under subsection

(b) and may also provide any recommendations for changes in the

calculation or administration of the credit.

(d)  Notwithstanding any law providing for confidentiality of

tax records, the information reported under subsection (b) shall

be public information.

(e)  This section shall not apply to a credit against any tax

that is calculated as an offset against another tax imposed on

the same item or transaction.

Section 5.  The following shall apply:

(1)  The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate the addition of

section 3003.22 of the act.

(2)  The following acts and parts of act are repealed:

(i)  Section 4(a)(3) and (b) of the act of July 2,

2006 (P.L.292, No.65), known as the Organ and Bone Marrow

Donor Act.

(ii)  The provisions of 12 Pa.C.S. § 3708.

Section 6.  This act shall take effect in 60 days.