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