AN ACT

 

1Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
2act relating to tax reform and State taxation by codifying
3and enumerating certain subjects of taxation and imposing
4taxes thereon; providing procedures for the payment,
5collection, administration and enforcement thereof; providing
6for tax credits in certain cases; conferring powers and
7imposing duties upon the Department of Revenue, certain
8employers, fiduciaries, individuals, persons, corporations
9and other entities; prescribing crimes, offenses and
10penalties," in educational improvement tax credit, further
11providing for definitions and for limitations.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1.  The definition of "public school" in section
151702-F of the act of March 4, 1971 (P.L.6, No.2), known as the 
16Tax Reform Code of 1971, added October 9, 2009 (P.L.451, No.48), 
17is amended and the section is amended by adding a definition to
18read:

19Section 1702-F.  Definitions.

20The following words and phrases when used in this article
21shall have the meanings given to them in this section unless the
22context clearly indicates otherwise:

1* * *

2"Career and technical school."  Any public secondary school 
3established under the provisions of Article XVIII of the act of 
4March 10, 1949 (P.L.30, No.14), known as the Public School Code 
5of 1949.

6* * *

7"Public school."  A public pre-kindergarten where compulsory
8attendance requirements do not apply or a public kindergarten,
9elementary school [or], secondary school or career and technical 
10school at which the compulsory attendance requirements of this
11Commonwealth may be met and which meets the applicable
12requirements of Title VI of the Civil Rights Act of 1964 (Public
13Law 88-352, 78 Stat. 241).

14* * *

15Section 2.  Section 1706-F(a) of the act, amended July 2,
162012 (P.L.751, No.85), is amended to read:

17

18Section 1706-F.  Limitations.

19(a)  Amount.--

20(1)  The total aggregate amount of all tax credits
21approved shall not exceed $100,000,000 in a fiscal year. No
22less than $60,000,000 of the total aggregate amount shall be
23used to provide tax credits for contributions from business
24firms to scholarship organizations. No less than $30,000,000
25of the total aggregate amount shall be used to provide tax
26credits for contributions from business firms to educational
27improvement organizations.

28(2)  The following apply to specific fiscal years:

29(i)  For fiscal years 2004-2005, 2005-2006 and 2006-
302007, the total aggregate amount of all tax credits

1approved for contributions from business firms to pre-
2kindergarten scholarship programs shall not exceed
3$5,000,000 in a fiscal year.

4(ii)  For fiscal years 2007-2008, 2008-2009, 2009-
52010, 2010-2011 and 2011-2012, the total aggregate amount
6of all tax credits approved for contributions from
7business firms to pre-kindergarten scholarship programs
8shall not exceed $8,000,000 in a fiscal year.

9(iii)  For fiscal year 2012-2013 and each fiscal year
10thereafter, the total aggregate amount of all tax credits
11approved for contributions from business firms to pre-
12kindergarten scholarship programs shall not exceed
13$10,000,000 in a fiscal year.

14(3)  (i)  From the tax credits for contributions by
15business firms to educational improvement organizations,
1615% of the available amount shall initially be set aside
17for contributions by business firms to educational
18improvement organizations that provide donations to
19career and technical schools and shall be distributed in
20accordance with section 1705-F(g). In distributing the
21tax credits, a career and technical school that has
22attained the status of a veterans' retraining center for
23returning veterans must be given preference among career
24and technical schools.

25(ii)  Tax credits remaining from the amount set aside
26in subparagraph (i) after July 1 of each year shall be
27made available to business firms for contributions to any
28educational improvement organization and shall be
29distributed in accordance with section 1705-F(g).

30* * *

1Section 3.  This act shall take effect in 60 days.