H1437B4007A06686 MAB:CMD 07/13/20 #90 A06686
AMENDMENTS TO HOUSE BILL NO. 1437
Sponsor: SENATOR MARTIN
Printer's No. 4007
Amend Bill, page 1, line 10, by inserting after "penalties,""
in city revitalization and improvement zones, further providing
for reports and for restrictions;
Amend Bill, page 2, lines 2 through 4, by striking out all of
said lines and inserting
Section 1. Section 1809-C(a) and (b) of the act of March 4,
1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, are
amended and subsection (c) is amended by adding a paragraph to
read:
Section 1809-C. Reports.
(a) State zone report.--No later than June 15 following the
baseline year and each year thereafter, or by August 31 for
reports due in 2020, each qualified business shall file a report
with the department in a form or manner required by the
department which includes all of the following:
(1) Amount of each eligible tax which was paid to the
Commonwealth by the qualified business in the prior calendar
year.
(2) Amount of each eligible tax refund received from the
Commonwealth in the prior calendar year by the qualified
business.
(b) Local zone report.--No later than June 15 following the
baseline year and for each year thereafter, or by August 31 for
reports due in 2020, each qualified business shall file a report
with the local taxing authority which includes all of the
following:
(1) Amount of each eligible tax which was paid to the
local taxing authority by the qualified business in the prior
calendar year.
(2) Amount of each eligible tax refund received from the
local taxing authority in the prior calendar year by the
qualified business.
(c) Penalties.--
* * *
(5) No penalty shall be imposed by the department or the
local taxing authority for failure to file a timely and
complete report under subsection (a) or (b) in 2019 or 2020.
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Section 2. Section 1813-C(b) and (c)(1) of the act are
amended and subsection (a) is amended by adding a paragraph to
read:
Section 1813-C. Restrictions.
(a) Utilization.--Money transferred under section 1812-C may
only be utilized for the following:
* * *
(1.2) Payment of grants and loans to qualifying
businesses, political subdivisions and municipal authorities
operating within the zone for business operating expenses,
working capital, business loan payments to financial
institutions, payroll to current employees as a means of
retaining employees, establishment of loan guarantee accounts
with financial institutions to guarantee short-term loan
provided by the financial institutions to qualifying
businesses negatively impacted by the proclamation of
disaster emergency issued by the Governor on March 6, 2020,
published at 50 Pa.B. 1644 (March 21, 2020), and any renewal
of the State of disaster emergency. This paragraph shall
expire June 30, 2021.
* * *
(b) Prohibition.--
(1) Money transferred under section 1812-C may not be
utilized for maintenance or repair of a facility.
(2) Paragraph (1) shall not apply for the period of
April 1, 2020, through June 30, 2021.
(c) Excess money.--
(1) Except as set forth in paragraph (4), if the amount
of money transferred to the fund under sections 1811-C(c) and
1812-C in any one calendar year exceeds the money utilized,
budgeted or appropriated by official resolution of the
contracting authority under this section in that calendar
year, the contracting authority shall submit by April 15
following the end of the calendar year [the excess money],
any money not utilized, budgeted or appropriated by official
resolution of the contracting authority to the State
Treasurer for deposit into the General Fund.
* * *
Section 3. The definition of "qualified tax liability" in
section 1822-G of the act is amended to read:
Amend Bill, page 4, line 26, by striking out "2" where it
occurs the first time and inserting
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Amend Bill, page 9, line 22, by striking out "2.1" and
inserting
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Amend Bill, page 14, line 19, by striking out all of said
line and inserting
Section 6. The amendment of section 1813-C(b) and (c)(1) of
the act shall apply retroactively to January 1, 2019.
Section 7. This act shall take effect as follows:
(1) The amendment of sections 1822-G, 1824-G(d)(2) and
(f), 1828-G(c), 1829-G(b)(3), 1830-G and 1833-G(o) of the act
shall take effect in 60 days.
(2) The remainder of this act shall take effect
immediately.
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