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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY REICHLEY, BEYER, BOYD, BRENNAN, CALTAGIRONE, CIVERA, CREIGHTON, DALLY, DENLINGER, EVERETT, FAIRCHILD, GEIST, GIBBONS, GINGRICH, HESS, HICKERNELL, W. KELLER, KILLION, KORTZ, LONGIETTI, MAJOR, MELIO, MURT, PETRARCA, PETRI, PICKETT, PYLE, RAPP, READSHAW, ROSS, SCAVELLO, SIPTROTH, S. H. SMITH, STERN, STEVENSON, TRUE, VULAKOVICH, WATSON, YOUNGBLOOD AND QUINN, MARCH 11, 2009 |
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| REFERRED TO COMMITTEE ON FINANCE, MARCH 11, 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 defining "educational improvement |
7 | organization" and defining "technology development investment |
8 | program"; and further providing for limitations. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. The definition of "educational improvement |
12 | organization" in section 2002-B of the act of March 10, 1949 |
13 | (P.L.30, No.14), known as the Public School Code of 1949, |
14 | amended July 11, 2006 (P.L.1092, No.114), is amended and the |
15 | section is amended by adding a definition to read: |
16 | Section 2002-B. Definitions. |
17 | The following words and phrases when used in this article |
18 | shall have the meanings given to them in this section unless the |
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1 | context clearly indicates otherwise: |
2 | * * * |
3 | "Educational improvement organization." A nonprofit entity |
4 | which: |
5 | (1) is exempt from Federal taxation under section 501(c) |
6 | (3) of the Internal Revenue Code of 1986 (Public Law 99-514, |
7 | 26 U.S.C. § 1 et seq.); and |
8 | (2) contributes at least 80% of its annual receipts as |
9 | grants to a public school for innovative educational programs |
10 | or technology development investment programs. |
11 | For purposes of this definition, a nonprofit entity |
12 | "contributes" its annual cash receipts when it expends or |
13 | otherwise irrevocably encumbers those funds for expenditure |
14 | during the then current fiscal year of the nonprofit entity or |
15 | during the next succeeding fiscal year of the nonprofit entity. |
16 | * * * |
17 | "Technology development investment program." A technological |
18 | or similar program that is not part of the regular academic |
19 | program of a public school but enhances the technological |
20 | opportunities and resources of the public school available to |
21 | public school students. |
22 | Section 2. Section 2006-B(a) of the act, amended July 20, |
23 | 2007 (P.L.278, No.45), is amended to read: |
24 | Section 2006-B. Limitations. |
25 | (a) Amount.-- |
26 | (1) The total aggregate amount of all tax credits |
27 | approved shall not exceed $67,000,000 in a fiscal year. No |
28 | less than $44,666,667 of the total aggregate amount shall be |
29 | used to provide tax credits for contributions from business |
30 | firms to scholarship organizations. No less than $22,333,333 |
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1 | of the total aggregate amount shall be used to provide tax |
2 | credits for contributions from business firms to educational |
3 | improvement organizations. |
4 | (2) (i) For the fiscal year 2004-2005, 2005-2006 and |
5 | 2006-2007, the total aggregate amount of all tax credits |
6 | approved for contributions from business firms to pre- |
7 | kindergarten scholarship programs shall not exceed |
8 | $5,000,000 in a fiscal year. |
9 | (ii) For the fiscal year 2007-2008 [and each fiscal |
10 | year thereafter], the total aggregate amount of all tax |
11 | credits approved for contributions from business firms to |
12 | pre-kindergarten scholarship programs shall not exceed |
13 | $8,000,000 in a fiscal year. |
14 | (iii) For the fiscal year 2008-2009 and each fiscal |
15 | year thereafter, the total aggregate amount of all tax |
16 | credits approved for contributions from business firms to |
17 | an educational improvement organization for the purpose |
18 | of providing funding for a technology development |
19 | investment program shall not exceed $15,000,000 in a |
20 | fiscal year. |
21 | * * * |
22 | Section 3. This act shall take effect immediately. |
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