Bill Text: PA SB165 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for charitable contributions by taxpayers.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-27 - Re-referred to APPROPRIATIONS [SB165 Detail]

Download: Pennsylvania-2009-SB165-Introduced.html

  

 

    

PRINTER'S NO.  135

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

165

Session of

2009

  

  

INTRODUCED BY TOMLINSON, ERICKSON, BROWNE, RAFFERTY, WONDERLING, FONTANA, FERLO, MUSTO, COSTA, EICHELBERGER AND KITCHEN, FEBRUARY 2, 2009

  

  

REFERRED TO FINANCE, FEBRUARY 2, 2009  

  

  

  

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 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.

 


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.

- 2 -

 


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

- 3 -

 


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

- 4 -

 


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.

- 5 -

 


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

- 6 -

 


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.

- 7 -

 


feedback