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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GINGRICH, BEAR, BOYD, D. COSTA, DAVIS, J. EVANS, EVERETT, FLECK, GEIST, GEORGE, GOODMAN, HARHART, HENNESSEY, HORNAMAN, HUTCHINSON, M.K. KELLER, KILLION, KORTZ, MAJOR, MARSHALL, MICOZZIE, MILLER, MILNE, MOUL, MURT, MYERS, D. O'BRIEN, PEIFER, PYLE, RAPP, READSHAW, ROCK, SCAVELLO, K. SMITH, STERN, SWANGER, J. TAYLOR, VULAKOVICH AND YOUNGBLOOD, JANUARY 31, 2011 |
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| REFERRED TO COMMITTEE ON FINANCE, JANUARY 31, 2011 |
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| AN ACT |
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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 providing for charitable contributions by |
11 | taxpayers. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Section 315.2 of the act of March 4, 1971 (P.L.6, |
15 | No.2), known as the Tax Reform Code of 1971, amended July 9, |
16 | 2008 (P.L.922, No.66) and reenacted October 9, 2009 (P.L.451, |
17 | No.48), is amended to read: |
18 | Section 315.2. Contributions to Breast and Cervical Cancer |
19 | Research.--(a) The department shall provide a space on the |
20 | Pennsylvania individual income tax return form whereby an |
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1 | individual may voluntarily designate a contribution of any |
2 | amount desired to be utilized for breast and cervical cancer |
3 | research. |
4 | (b) [The] In the case of a refund, the amount so designated |
5 | on the individual income tax return form shall be deducted from |
6 | the tax refund to which the individual is entitled and shall not |
7 | constitute a charge against the income tax revenues due to the |
8 | Commonwealth. If there is no refund, the individual may also |
9 | designate a contribution if the amount of the contribution is |
10 | paid by the individual. |
11 | (c) The department shall determine annually the total amount |
12 | designated under this section, less reasonable administrative |
13 | costs, and shall report the amount to the State Treasurer who |
14 | shall transfer the amount from the General Fund to the |
15 | Pennsylvania Breast Cancer Coalition. |
16 | (d) The department shall provide adequate information |
17 | concerning the checkoff for breast and cervical cancer research |
18 | in its instructions which accompany State income tax return |
19 | forms. The information concerning the checkoff shall include the |
20 | listing of an address furnished by the Department of Health to |
21 | which contributions may be sent by taxpayers wishing to |
22 | contribute to this effort but who do not receive refunds. |
23 | Additionally, the Pennsylvania Breast Cancer Coalition shall be |
24 | charged with the duty to conduct a public information campaign |
25 | on the availability of this opportunity to Pennsylvania |
26 | taxpayers. |
27 | (e) The Pennsylvania Breast Cancer Coalition shall report |
28 | annually to the respective committees of the Senate and the |
29 | House of Representatives which have jurisdiction over health |
30 | matters on the amount received via the checkoff plan and how the |
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1 | funds were utilized. |
2 | (f) The General Assembly may, from time to time, appropriate |
3 | funds for breast and cervical cancer research. |
4 | Section 2. Section 315.3 of the act, added May 7, 1997 (P.L. |
5 | 85, No.7) is amended to read: |
6 | Section 315.3. Contributions for Wild Resource |
7 | Conservation.--(a) The department shall provide a space on the |
8 | Pennsylvania individual income tax return form whereby an |
9 | individual may voluntarily designate a contribution of any |
10 | amount desired to the Wild Resource Conservation Fund |
11 | established under section 5 of the act of June 23, 1982 (P.L. |
12 | 597, No.170), known as the "Wild Resource Conservation Act." |
13 | (b) [The] In the case of a refund, the amount so designated |
14 | by an individual on the income tax return form shall be deducted |
15 | from the tax refund to which such individual is entitled and |
16 | shall not constitute a charge against the income tax revenues |
17 | due the Commonwealth. If there is no refund, the individual may |
18 | also designate a contribution if the amount of the contribution |
19 | is paid by the individual. |
20 | (c) The department shall determine annually the total amount |
21 | designated pursuant to this section and shall report such amount |
22 | to the State Treasurer who shall transfer such amount from the |
23 | General Fund to the Wild Resource Conservation Fund for use as |
24 | provided in the "Wild Resource Conservation Act." The department |
25 | shall be reimbursed from the fund for any administrative costs |
26 | incurred above and beyond the cost savings it realizes as a |
27 | result of individual total refund designations. |
28 | (d) The department shall provide adequate information |
29 | concerning the Wild Resource Conservation Fund in its |
30 | instructions which accompany State income tax return forms, |
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1 | which shall include the listing of an address furnished to it by |
2 | the Wild Resource Conservation Board to which contributions may |
3 | be sent by those taxpayers wishing to contribute to said fund |
4 | but who do not receive refunds. |
5 | (e) This section shall apply to taxable years beginning on |
6 | or after January 1, 1997. |
7 | Section 3. Section 315.4 of the act, amended June 22, 2001 |
8 | (P.L.353, No.23), is amended to read: |
9 | Section 315.4. Contributions for Organ and Tissue Donation |
10 | Awareness.--(a) The department shall provide a space on the |
11 | Pennsylvania individual income tax return form whereby an |
12 | individual may voluntarily designate a contribution of any |
13 | amount desired to [the] The Governor Robert P. Casey Memorial |
14 | Organ and Tissue Donation Awareness Trust Fund established under |
15 | 20 Pa.C.S. § 8622 (relating to [the] The Governor Robert P. |
16 | Casey Memorial Organ and Tissue Donation Awareness Trust Fund). |
17 | (b) [The] In the case of a refund, the amount so designated |
18 | by an individual on the Pennsylvania individual income tax |
19 | return form shall be deducted from the tax refund to which the |
20 | individual is entitled and shall not constitute a charge against |
21 | the income tax revenues due the Commonwealth. If there is no |
22 | refund, the individual may also designate a contribution if the |
23 | amount of the contribution is paid by the individual. |
24 | (c) The department shall annually determine the total amount |
25 | designated pursuant to this section and shall report that amount |
26 | to the State Treasurer who shall transfer that amount to [the] |
27 | The Governor Robert P. Casey Memorial Organ and Tissue Donation |
28 | Awareness Trust Fund. |
29 | (d) The department shall, in all taxable years following the |
30 | effective date of this section, provide on its forms or in its |
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1 | instructions which accompany Pennsylvania individual income tax |
2 | return forms adequate information concerning [the] The Governor |
3 | Robert P. Casey Memorial Organ and Tissue Donation Awareness |
4 | Trust Fund which shall include the listing of an address |
5 | furnished to it by the Organ Donation Advisory Committee to |
6 | which contributions may be sent by those taxpayers wishing to |
7 | contribute to the fund but who do not receive refunds. |
8 | (e) This section shall apply to taxable years beginning on |
9 | or after January 1, 1997. |
10 | Section 4. Section 315.7 of the act, added November 23, 2004 |
11 | (P.L.935, No.133) and reenacted October 9, 2009 (P.L.451, |
12 | No.48), is amended to read: |
13 | Section 315.7. Contributions for Juvenile Diabetes Cure |
14 | Research.--(a) The department shall provide a space on the |
15 | Pennsylvania individual income tax return form whereby an |
16 | individual may voluntarily designate a contribution of any |
17 | amount desired to be utilized for juvenile diabetes cure |
18 | research related to: |
19 | (1) restoring normal blood sugar levels; |
20 | (2) preventing and reversing complications; or |
21 | (3) preventing juvenile diabetes. |
22 | (b) [The] In the case of a refund, the amount so designated |
23 | on the Pennsylvania individual income tax return form shall be |
24 | deducted from the tax refund to which the individual is entitled |
25 | and shall not constitute a charge against the income tax |
26 | revenues due to the Commonwealth. If there is no refund, the |
27 | individual may also designate a contribution if the amount of |
28 | the contribution is paid by the individual. |
29 | (c) (1) The department shall determine annually the total |
30 | amount designated under this section, less reasonable |
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1 | administrative costs, and shall report the amount to the State |
2 | Treasurer, who shall transfer the amount to a restricted revenue |
3 | account within the General Fund to be used by the Department of |
4 | Health for aiding juvenile diabetes cure research. |
5 | (2) The Department of Health shall distribute the amounts to |
6 | institutions of higher education and independent research |
7 | institutes of this Commonwealth to support projects that have |
8 | been subject to an established peer and scientific review |
9 | process identical or similar to the National Institutes of |
10 | Health review system. |
11 | (d) The department shall provide adequate information |
12 | concerning the checkoff for juvenile diabetes cure research in |
13 | its instructions which accompany the Pennsylvania income tax |
14 | return forms. The information concerning the checkoff shall |
15 | include the listing of an address furnished by the Department of |
16 | Health to which contributions may be sent by taxpayers wishing |
17 | to contribute to this effort but who do not receive refunds. |
18 | (e) The Department of Health shall report annually to the |
19 | respective committees of the Senate and the House of |
20 | Representatives which have jurisdiction over health matters on |
21 | the amount received via the checkoff plan and how the funds were |
22 | utilized. |
23 | Section 5. Section 315.8 of the act, added July 7, 2005 |
24 | (P.L.149, No.40), is amended to read: |
25 | Section 315.8. Contributions for Military Family Relief |
26 | Assistance.--(a) Beginning with taxable years ending after |
27 | December 31, 2004, the department shall provide a space on the |
28 | Pennsylvania individual income tax return form whereby an |
29 | individual may contribute to a fund for military family relief |
30 | assistance. [Persons] In the case of a refund, the individual |
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1 | may do so by stating the amount of the contribution, not less |
2 | than one dollar ($1), on the return and that the contribution |
3 | will reduce the taxpayer's refund. If there is no refund, the |
4 | individual may also designate a contribution if the amount of |
5 | the contribution is paid by the individual. |
6 | (b) The department shall determine annually the total amount |
7 | designated under this section, less reasonable administrative |
8 | costs, and shall report the amount to the State Treasurer who |
9 | shall transfer the amount to a restricted revenue account within |
10 | the General Fund to be used by the Department of Military and |
11 | Veterans Affairs for contributions to military family relief |
12 | assistance as provided by statute. |
13 | (c) The department shall provide adequate information |
14 | concerning the checkoff for military family relief assistance in |
15 | its instructions which accompany the Pennsylvania income tax |
16 | return forms. The information concerning the checkoff shall |
17 | include the listing of an address furnished by the Department of |
18 | Military and Veterans Affairs to which contributions may be sent |
19 | by taxpayers wishing to contribute to this effort but who do not |
20 | receive refunds. |
21 | (d) The Department of Military and Veterans Affairs shall |
22 | report annually to the respective committees of the Senate and |
23 | the House of Representatives which have jurisdiction over |
24 | military and veterans affairs on the amount received via the |
25 | checkoff plan and how the funds were utilized. |
26 | Section 6. This act shall take effect in 60 days. |
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