PRIOR PRINTER'S NO. 3386

PRINTER'S NO.  3606

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2319

Session of

2012

  

  

INTRODUCED BY EVANKOVICH, AUMENT, BENNINGHOFF, BOYD, DUNBAR, ELLIS, EMRICK, EVERETT, FABRIZIO, GEORGE, GERGELY, GINGRICH, GROVE, HARHAI, HUTCHINSON, F. KELLER, KOTIK, MAJOR, MOUL, MULLERY, MURPHY, OBERLANDER, O'NEILL, PETRARCA, PYLE, QUIGLEY, REED, REESE, SAYLOR, SIMMONS, TRUITT, CLYMER, ROCK, MARSHALL, HESS, GEIST, BROOKS, PICKETT, PEIFER, MILLER, CULVER, SWANGER AND KORTZ, APRIL 16, 2012

  

  

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MAY 23, 2012   

  

  

  

AN ACT

  

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Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An

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act relating to tax reform and State taxation by codifying

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and enumerating certain subjects of taxation and imposing

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taxes thereon; providing procedures for the payment,

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collection, administration and enforcement thereof; providing

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for tax credits in certain cases; conferring powers and

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imposing duties upon the Department of Revenue, certain

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employers, fiduciaries, individuals, persons, corporations

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and other entities; prescribing crimes, offenses and

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penalties," in educational improvement tax credit, further

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providing for definitions and for limitations

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The definition of "public school" in section

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1702-F of the act of March 4, 1971 (P.L.6, No.2), known as the

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Tax Reform Code of 1971, added October 9, 2009 (P.L.451, No.48),

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is amended and the section is amended by adding a definition to

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read:

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Section 1702-F.  Definitions.

 


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The following words and phrases when used in this article

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shall have the meanings given to them in this section unless the

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context clearly indicates otherwise:

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* * *

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"Career and technical school."  Any public secondary school

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established under the provisions of Article XVIII of the act of

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March 10, 1949 (P.L.30, No.14), known as the Public School Code

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of 1949.

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* * *

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"Public school."  A public pre-kindergarten where compulsory

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attendance requirements do not apply or a public kindergarten,

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elementary school [or], secondary school or career and technical

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school at which the compulsory attendance requirements of this

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Commonwealth may be met and which meets the applicable

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requirements of Title VI of the Civil Rights Act of 1964 (Public

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Law 88-352, 78 Stat. 241).

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* * *

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Section 2.  Section 1706-F(a) of the act, added October 9,

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2009 (P.L.451, No.48), is amended to read:

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Section 1706-F.  Limitations.

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(a)  Amount.--

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(1)  The total aggregate amount of all tax credits

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approved shall not exceed $67,000,000 in a fiscal year. No

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less than $44,666,667 of the total aggregate amount shall be

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used to provide tax credits for contributions from business

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firms to scholarship organizations. No less than $22,333,333

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of the total aggregate amount shall be used to provide tax

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credits for contributions from business firms to educational

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improvement organizations.

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(2)  (i)  For the fiscal years 2004-2005, 2005-2006 and

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2006-2007, the total aggregate amount of all tax credits

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approved for contributions from business firms to pre-

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kindergarten scholarship programs shall not exceed

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$5,000,000 in a fiscal year.

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(ii)  For the fiscal year 2007-2008 and each fiscal

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year thereafter, the total aggregate amount of all tax

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credits approved for contributions from business firms to

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pre-kindergarten scholarship programs shall not exceed

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$8,000,000 in a fiscal year.

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(3)  (i)  From the tax credits for contributions by

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business firms to educational improvement organizations,

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10% of the available amount shall initially be set aside

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for contributions by business firms to educational

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improvement organizations that provide donations to

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career and technical schools and shall be distributed in

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accordance with section 1705-F(g).

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(ii)  Tax credits remaining from the amount set aside

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in subparagraph (i) after July 1 of each year shall be

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made available to business firms for contributions to any

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educational improvement organization and shall be

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distributed in accordance with section 1705-F(g).

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* * *

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Section 2 3.  This act shall take effect in 60 days.

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