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.

1The following words and phrases when used in this article
2shall have the meanings given to them in this section unless the
3context clearly indicates otherwise:

4* * *

5"Career and technical school." A public secondary school
6established under the provisions of Article XVIII of the act of
7March 10, 1949 (P.L.30, No.14), known as the Public School Code
8of 1949.

9* * *

10"Public school." A public pre-kindergarten where compulsory
11attendance requirements do not apply or a public kindergarten,
12elementary school [or], secondary school or career and technical 
13school at which the compulsory attendance requirements of this
14Commonwealth may be met and which meets the applicable
15requirements of Title VI of the Civil Rights Act of 1964 (Public
16Law 88-352, 78 Stat. 241).

17* * *

<-18Section 2. Section 1706-F(a) of the act, amended July 2,
192012 (P.L.751, No.85), is amended to read:

20Section 1706-F. Limitations.

21(a) Amount.--

22(1) The total aggregate amount of all tax credits
23approved shall not exceed $100,000,000 in a fiscal year. No
24less than $60,000,000 of the total aggregate amount shall be
25used to provide tax credits for contributions from business
26firms to scholarship organizations. No less than $30,000,000
27of the total aggregate amount shall be used to provide tax
28credits for contributions from business firms to educational
29improvement organizations.

30(2) The following apply to specific fiscal years:

1(i) For fiscal years 2004-2005, 2005-2006 and 2006-
22007, the total aggregate amount of all tax credits
3approved for contributions from business firms to pre-
4kindergarten scholarship programs shall not exceed
5$5,000,000 in a fiscal year.

6(ii) For fiscal years 2007-2008, 2008-2009, 2009-
72010, 2010-2011 and 2011-2012, the total aggregate amount
8of all tax credits approved for contributions from
9business firms to pre-kindergarten scholarship programs
10shall not exceed $8,000,000 in a fiscal year.

11(iii) For fiscal year 2012-2013 and each fiscal year
12thereafter, the total aggregate amount of all tax credits
13approved for contributions from business firms to pre-
14kindergarten scholarship programs shall not exceed
15$10,000,000 in a fiscal year.

16(3) (i) From the tax credits for contributions by
17business firms to educational improvement organizations,
1810% of the available amount shall initially be set aside
19for contributions by business firms to educational
20improvement organizations that provide donations to
21career and technical schools and shall be distributed in
22accordance with section 1705-F(g).

23(ii) Tax credits remaining from the amount set aside
24in subparagraph (i) after July 1 of each year shall be
25made available to business firms for contributions to any
26educational improvement organization and shall be
27distributed in accordance with section 1705-F(g).

28* * *

29Section <-3 2. This act shall take effect in 60 days.