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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, SCARNATI, DINNIMAN, BAKER, ORIE, M. WHITE, WONDERLING, MUSTO, RAFFERTY, FOLMER, D. WHITE, ERICKSON, WAUGH, EARLL, PIPPY, O'PAKE, GREENLEAF, GORDNER, TOMLINSON, ALLOWAY, VANCE, WASHINGTON AND EICHELBERGER, JUNE 4, 2009 |
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| REFERRED TO EDUCATION, JUNE 4, 2009 |
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| AN ACT |
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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 providing for definitions, for tax credit and |
7 | for limitations. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 2002-B of the act of March 10, 1949 |
11 | (P.L.30, No.14), known as the Public School Code of 1949, |
12 | amended or added July 11, 2006 (P.L.1092, No.114) and July 9, |
13 | 2008 (P.L.846, No.61), is amended to read: |
14 | Section 2002-B. Definitions. |
15 | The following words and phrases when used in this article |
16 | shall have the meanings given to them in this section unless the |
17 | context clearly indicates otherwise: |
18 | "Business firm." An entity authorized to do business in this |
19 | Commonwealth and subject to taxes imposed under Article III, IV, |
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1 | VI, VII, VIII, IX or XV of the act of March 4, 1971 (P.L.6, |
2 | No.2), known as the Tax Reform Code of 1971. This term includes |
3 | a pass-through entity. |
4 | "Contribution." A donation of cash, personal property or |
5 | services the value of which is the net cost of the donation to |
6 | the donor or the pro rata hourly wage, including benefits, of |
7 | the individual performing the services. |
8 | "Department." The Department of Community and Economic |
9 | Development of the Commonwealth. |
10 | "Educational improvement organization." A nonprofit entity |
11 | which: |
12 | (1) is exempt from Federal taxation under section 501(c) |
13 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
14 | 26 U.S.C. § 1 et seq.); and |
15 | (2) contributes at least 80% of its annual receipts as |
16 | grants to a public school for innovative educational |
17 | programs. |
18 | For purposes of this definition, a nonprofit entity |
19 | "contributes" its annual cash receipts when it expends or |
20 | otherwise irrevocably encumbers those funds for expenditure |
21 | during the then current fiscal year of the nonprofit entity or |
22 | during the next succeeding fiscal year of the nonprofit entity. |
23 | "Eligible pre-kindergarten student." For participation in |
24 | the pre-kindergarten scholarship program, a student who is |
25 | enrolled in a pre-kindergarten program and is a member of a |
26 | household with an annual household income of not more than |
27 | [$50,000] $60,000. An income allowance of [$10,000] $12,000 |
28 | shall be allowed for each eligible student and dependent member |
29 | of the household. The Department of Education shall adjust the |
30 | income amounts under this definition on July 1 of each year to |
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1 | reflect any upward changes in the Consumer Price Index for All |
2 | Urban Consumers (CPI-U) in the preceding 12 months, as |
3 | calculated by the United States Department of Labor, Bureau of |
4 | Labor Statistics, and shall immediately thereafter publish the |
5 | adjusted amounts in the Pennsylvania Bulletin. |
6 | "Eligible student." A school-age student who is enrolled in |
7 | a school and is a member of a household with an annual household |
8 | income of not more than [$50,000] $60,000. An income allowance |
9 | of [$10,000] $12,000 shall be allowed for each eligible student |
10 | and dependent member of the household. The Department of |
11 | Education shall adjust the income amounts under this definition |
12 | on July 1 of each year to reflect any upward changes in the |
13 | Consumer Price Index for All Urban Consumers (CPI-U) in the |
14 | preceding 12 months, as calculated by the United States |
15 | Department of Labor, Bureau of Labor Statistics, and shall |
16 | immediately thereafter publish the adjusted amounts in the |
17 | Pennsylvania Bulletin. |
18 | "Eligible student with a disability." A pre-kindergarten |
19 | student or a school age student who has been identified as being |
20 | a child: |
21 | (1) with mental retardation; hearing impairments, |
22 | including deafness; speech or language impairments; visual |
23 | impairments, including blindness; serious emotional |
24 | disturbance; orthopedic impairments; autism spectrum |
25 | disorder; traumatic brain injury; other health impairments; |
26 | or specific learning disabilities; |
27 | (2) who, by reason thereof, needs special education and |
28 | related services; |
29 | (3) who is enrolled in a pre-kindergarten program or in |
30 | a school; and |
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1 | (4) who is a member of a household with an annual |
2 | household income of not more than the maximum allowable |
3 | household income for students with a disability. |
4 | "Household." An individual living alone or with the |
5 | following: a spouse, parent and their unemancipated minor |
6 | children; and other unemancipated minor children who are related |
7 | by blood or marriage; or other adults or unemancipated minor |
8 | children living in the household who are dependent upon the |
9 | individual. |
10 | "Household income." All moneys or property received of |
11 | whatever nature and from whatever source derived. The term does |
12 | not include the following: |
13 | (1) Periodic payments for sickness and disability other |
14 | than regular wages received during a period of sickness or |
15 | disability. |
16 | (2) Disability, retirement or other payments arising |
17 | under workers' compensation acts, occupational disease acts |
18 | and similar legislation by any government. |
19 | (3) Payments commonly recognized as old-age or |
20 | retirement benefits paid to persons retired from service |
21 | after reaching a specific age or after a stated period of |
22 | employment. |
23 | (4) Payments commonly known as public assistance or |
24 | unemployment compensation payments by a governmental agency. |
25 | (5) Payments to reimburse actual expenses. |
26 | (6) Payments made by employers or labor unions for |
27 | programs covering hospitalization, sickness, disability or |
28 | death, supplemental unemployment benefits, strike benefits, |
29 | Social Security and retirement. |
30 | (7) Compensation received by United States servicemen |
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1 | serving in a combat zone. |
2 | "Innovative educational program." An advanced academic or |
3 | similar program that is not part of the regular academic program |
4 | of a public school but that enhances the curriculum or academic |
5 | program of the public school or provides pre-kindergarten |
6 | programs to public school students. |
7 | "Maximum allowable household income for students with a |
8 | disability." The maximum annual household income for eligible |
9 | students with a disability as calculated by multiplying the sum |
10 | of $60,000 plus the income allowance of $12,000 per dependent |
11 | member of the household by the applicable support level factor |
12 | according to the following table: |
13 | Support Level | Support Level Factor | 14 | 1 | 1.333 | 15 | 2 | 1.995 | 16 | 3 | 2.993 |
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17 | The Department of Education shall adjust the income amounts |
18 | under this definition on July 1 of each year to reflect any |
19 | upward changes in the Consumer Price Index for All Urban |
20 | Consumers (CPI-U) in the preceding 12 months, as calculated by |
21 | the United States Department of Labor, Bureau of Labor |
22 | Statistics, and shall immediately thereafter publish the |
23 | adjusted amounts in the Pennsylvania Bulletin. |
24 | "Pass-through entity." A partnership as defined in section |
25 | 301(n.0) of the act of March 4, 1971 (P.L.6, No.2), known as the |
26 | Tax Reform Code of 1971, a single-member limited liability |
27 | company treated as a disregarded entity for Federal income tax |
28 | purposes or a Pennsylvania S corporation as defined in section |
29 | 301(n.1) of the Tax Reform Code of 1971. |
30 | "Pre-kindergarten program." A program of instruction for |
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1 | three-year-old or four-year-old students that utilizes a |
2 | curriculum aligned with the curriculum of the school with which |
3 | it is affiliated and which provides a minimum of two hours of |
4 | instructional and developmental activities per day at least 60 |
5 | days per school year. |
6 | "Pre-kindergarten scholarship organization." A nonprofit |
7 | entity which: |
8 | (1) either is exempt from Federal taxation under section |
9 | 501(c)(3) of the Internal Revenue Code of 1986 (Public Law |
10 | 99-514, 26 U.S.C. § 1 et seq.) or is operated as a separate |
11 | segregated fund by a scholarship organization that has been |
12 | qualified under section 2003-B; and |
13 | (2) contributes at least 80% of its annual cash receipts |
14 | to a pre-kindergarten scholarship program by expending or |
15 | otherwise irrevocably encumbering those funds for |
16 | distribution during the then current fiscal year of the |
17 | organization or during the next succeeding fiscal year of the |
18 | organization. |
19 | "Pre-kindergarten scholarship program." A program to provide |
20 | tuition to eligible pre-kindergarten students to attend a pre- |
21 | kindergarten program operated by or in conjunction with a school |
22 | located in this Commonwealth and that includes an application |
23 | and review process for the purpose of making awards to eligible |
24 | pre-kindergarten students and awards scholarships to eligible |
25 | pre-kindergarten students without limiting availability to only |
26 | students of one school. |
27 | "Public school." A public pre-kindergarten where compulsory |
28 | attendance requirements do not apply or a public kindergarten, |
29 | elementary school or secondary school at which the compulsory |
30 | attendance requirements of this Commonwealth may be met and |
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1 | which meets the applicable requirements of Title VI of the Civil |
2 | Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). |
3 | "Scholarship organization." A nonprofit entity which: |
4 | (1) is exempt from Federal taxation under section 501(c) |
5 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
6 | 26 U.S.C. § 1 et seq.); and |
7 | (2) contributes at least 80% of its annual cash receipts |
8 | to a scholarship program. |
9 | For purposes of this definition, a nonprofit entity |
10 | "contributes" its annual cash receipts to a scholarship program |
11 | when it expends or otherwise irrevocably encumbers those funds |
12 | for distribution during the then current fiscal year of the |
13 | nonprofit entity or during the next succeeding fiscal year of |
14 | the nonprofit entity. |
15 | "Scholarship program." A program to provide tuition to |
16 | eligible students to attend a school located in this |
17 | Commonwealth. A scholarship program must include an application |
18 | and review process for the purpose of making awards to eligible |
19 | students. The award of scholarships to eligible students shall |
20 | be made without limiting availability to only students of one |
21 | school. |
22 | "School." A public or nonpublic pre-kindergarten, |
23 | kindergarten, elementary school or secondary school at which the |
24 | compulsory attendance requirements of the Commonwealth may be |
25 | met and which meets the applicable requirements of Title VI of |
26 | the Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241). |
27 | "School age." Children from the earliest admission age to a |
28 | school's pre-kindergarten or kindergarten program or, when no |
29 | pre-kindergarten or kindergarten program is provided, the |
30 | school's earliest admission age for beginners, until the end of |
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1 | the school year the student attains 21 years of age or |
2 | graduation from high school, whichever occurs first. |
3 | "Support Level." The level of support needed by an eligible |
4 | student with a disability, as set forth in the following matrix: |
5 | Support Level 1 – The student spends at least 75% of the |
6 | student's instructional time in a regular classroom setting. |
7 | Support Level 2 – The student spends less than 75% of the |
8 | student's instructional time in a regular classroom setting. |
9 | Support Level 3 – The student is enrolled as a full-time |
10 | student in a school or program within a school that is |
11 | designed specifically and exclusively for students with |
12 | disabilities. |
13 | Section 2. Section 2005-B(e) of the act, amended July 9, |
14 | 2008 (P.L.846, No.61), is amended to read: |
15 | Section 2005-B. Tax credit. |
16 | * * * |
17 | (e) Pass-through entity.-- |
18 | (1) If a pass-through entity does not intend to use all |
19 | approved tax credits under section 2005-B, it may elect in |
20 | writing[, according to procedures established by the |
21 | Department of Revenue,] to transfer all or a portion of the |
22 | credit to shareholders, members or partners in proportion to |
23 | the share of the entity's distributive income to which the |
24 | shareholder, member or partner is entitled, for use in the |
25 | taxable year in which the contribution is made or in the |
26 | taxable year immediately following the year in which the |
27 | contribution is made. The election shall designate the year |
28 | in which the transferred credits are to be used and shall be |
29 | made according to procedures established by the Department of |
30 | Revenue. |
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1 | (2) A pass-through entity and a shareholder, member or |
2 | partner of a pass-through entity shall not claim the credit |
3 | under this section for the same contribution. |
4 | (3) [A shareholder, member or partner of a pass-through |
5 | entity to whom a credit is transferred under this section |
6 | shall immediately claim the credit in the taxable year in |
7 | which the transfer is made.] The shareholder, member or |
8 | partner may not carry forward, carry back, obtain a refund of |
9 | or sell or assign the credit. |
10 | * * * |
11 | Section 3. Section 2006-B(d) of the act, amended December |
12 | 23, 2003 (P.L.304, No.48), is amended to read: |
13 | Section 2006-B. Limitations. |
14 | * * * |
15 | (d) Use.--A tax credit not used by the applicant in the |
16 | taxable year the contribution was made, or in the year |
17 | designated by the shareholder, member or partner to whom the |
18 | credit was transferred pursuant to section 2005-B(e), may not be |
19 | carried forward or carried back and is not refundable or |
20 | transferable. |
21 | * * * |
22 | Section 4. This act shall take effect in 60 days. |
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