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                                                      PRINTER'S NO. 1505

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1219 Session of 2007


        INTRODUCED BY REICHLEY, BOYD, BROOKS, CALTAGIRONE, CAPPELLI,
           CIVERA, DALLY, DENLINGER, FAIRCHILD, GABIG, GEIST, GIBBONS,
           GINGRICH, GODSHALL, HENNESSEY, HERSHEY, HESS, HICKERNELL,
           HUTCHINSON, M. KELLER, KILLION, KORTZ, MAJOR, MANN,
           McILHATTAN, MILNE, MOYER, MURT, MYERS, PERZEL, PETRARCA,
           PICKETT, PYLE, ROEBUCK, ROSS, SAINATO, SCAVELLO, SCHRODER,
           McILVAINE SMITH, STERN, R. STEVENSON, J. TAYLOR, WATSON,
           YOUNGBLOOD AND YUDICHAK, MAY 4, 2007

        REFERRED TO COMMITTEE ON FINANCE, MAY 4, 2007

                                     AN ACT

     1  Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
     2     act relating to the public school system, including certain
     3     provisions applicable as well to private and parochial
     4     schools; amending, revising, consolidating and changing the
     5     laws relating thereto," in educational improvement tax
     6     credit, further defining "educational improvement
     7     organization" and defining "technology development investment
     8     program"; and further providing for limitations.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  The definition of "educational improvement
    12  organization" in section 2002-B of the act of March 10, 1949
    13  (P.L.30, No.14), known as the Public School Code of 1949,
    14  amended July 11, 2006 (P.L.1092, No.114), is amended and the
    15  section is amended by adding a definition to read:
    16  Section 2002-B.  Definitions.
    17     The following words and phrases when used in this article
    18  shall have the meanings given to them in this section unless the

     1  context clearly indicates otherwise:
     2     * * *
     3     "Educational improvement organization."  A nonprofit entity
     4  which:
     5         (1)  is exempt from Federal taxation under section
     6     501(c)(3) of the Internal Revenue Code of 1986 (Public Law
     7     99-514, 26 U.S.C. § 1 et seq.); and
     8         (2)  contributes at least 80% of its annual receipts as
     9     grants to a public school for innovative educational programs
    10     or technology development investment programs.
    11  For purposes of this definition, a nonprofit entity
    12  "contributes" its annual cash receipts when it expends or
    13  otherwise irrevocably encumbers those funds for expenditure
    14  during the then current fiscal year of the nonprofit entity or
    15  during the next succeeding fiscal year of the nonprofit entity.
    16     * * *
    17     "Technology development investment program."  A technological
    18  or similar program that is not part of the regular academic
    19  program of a public school but enhances the technological
    20  opportunities and resources of the public school available to
    21  public school students.
    22     Section 2.  Section 2006-B(a) of the act, amended July 11,
    23  2006 (P.L.1092, No.114), is amended to read:
    24  Section 2006-B.  Limitations.
    25     (a)  Amount.--
    26         (1)  The total aggregate amount of all tax credits
    27     approved shall not exceed $54,000,000 in a fiscal year. No
    28     less than $36,000,000 of the total aggregate amount shall be
    29     used to provide tax credits for contributions from business
    30     firms to scholarship organizations. No less than $18,000,000
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     1     of the total aggregate amount shall be used to provide tax
     2     credits for contributions from business firms to educational
     3     improvement organizations.
     4         (2)  For the fiscal year 2004-2005 [and each fiscal year
     5     thereafter], the total aggregate amount of all tax credits
     6     approved for contributions from business firms to pre-
     7     kindergarten scholarship programs shall not exceed $5,000,000
     8     in a fiscal year.
     9         (3)  For the fiscal year 2007-2008 and each fiscal year
    10     thereafter, the total aggregate amount of all tax credits
    11     approved for contributions from business firms to an
    12     educational improvement organization for the purpose of
    13     providing funding for a technology development investment
    14     program shall not exceed $15,000,000 in a fiscal year.
    15     * * *
    16     Section 3.  This act shall take effect immediately.










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