PRINTER'S NO. 2570
No. 1986 Session of 1997
INTRODUCED BY EVANS, DeWEESE, ITKIN, BELARDI, COY, VEON, STURLA, BATTISTO, CARN, ROBINSON, TANGRETTI, L. I. COHEN, LEVDANSKY, PISTELLA, BAKER, TRELLO, CORPORA, TRAVAGLIO, MANDERINO, SURRA, YOUNGBLOOD, OLASZ, PETRONE, SCRIMENTI, STABACK, ORIE, BOSCOLA, RUBLEY, VAN HORNE, J. TAYLOR, THOMAS, WASHINGTON AND CAPPABIANCA, NOVEMBER 18, 1997
REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 18, 1997
AN ACT 1 Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An 2 act relating to tax reform and State taxation by codifying 3 and enumerating certain subjects of taxation and imposing 4 taxes thereon; providing procedures for the payment, 5 collection, administration and enforcement thereof; providing 6 for tax credits in certain cases; conferring powers and 7 imposing duties upon the Department of Revenue, certain 8 employers, fiduciaries, individuals, persons, corporations 9 and other entities; prescribing crimes, offenses and 10 penalties," further providing for the neighborhood assistance 11 tax credit. 12 The General Assembly of the Commonwealth of Pennsylvania 13 hereby enacts as follows: 14 Section 1. Section 1902-A of the act of March 4, 1971 15 (P.L.6, No.2), known as the Tax Reform Code of 1971, amended May 16 7, 1997 (P.L. , No.7), is amended to read: 17 Section 1902-A. Definitions.--The following words, terms and 18 phrases, when used in this article, shall have the meanings 19 ascribed to them in this section, except where the context 20 clearly indicates a different meaning:
1 "Business firm." Any business entity authorized to do 2 business in this Commonwealth and subject to taxes imposed by 3 Article IV, VI, VII, VII-A, VIII, VIII-A, IX, X or XV of this 4 act. 5 "Community services." Any type of counseling and advice, 6 emergency assistance or medical care furnished to individuals or 7 groups in an impoverished area. 8 "Comprehensive service plan." A strategy developed jointly 9 by a neighborhood organization and a sponsoring business firm or 10 private company for the stabilization and improvement of an 11 impoverished area within an urban neighborhood or rural 12 community. 13 "Comprehensive service project." Any activity conducted 14 jointly by a neighborhood organization and a sponsoring business 15 firm which implements a comprehensive service plan. 16 "Crime prevention." Any activity which aids in the reduction 17 of crime in an impoverished area. 18 "Education." Any type of scholastic instruction or 19 scholarship assistance to an individual who resides in an 20 impoverished area that enables that individual to prepare for 21 better life opportunities. 22 "Enterprise zones." Specific locations with identifiable 23 boundaries within impoverished areas which are designated as 24 enterprise zones by the Secretary of Community and Economic 25 Development. 26 "Impoverished area." Any area in this Commonwealth which is 27 certified as such by the Department of Community and Economic 28 Development and the certification is approved by the Governor. 29 Such certification shall be made on the basis of Federal census 30 studies and current indices of social and economic conditions. 19970H1986B2570 - 2 -
1 "Job training." Any type of instruction to an individual who 2 resides in an impoverished area that enables that individual to 3 acquire vocational skills so that the individual can become 4 employable or be able to seek a higher grade of employment. 5 "Neighborhood assistance." Furnishing financial assistance, 6 labor, material and technical advice to aid in the physical 7 improvement of any part or all of an impoverished area. 8 "Neighborhood organization." Any organization performing 9 community services, offering neighborhood assistance or 10 providing job training, education or crime prevention in an 11 impoverished area, holding a ruling from the Internal Revenue 12 Service of the United States Department of the Treasury that the 13 organization is exempt from income taxation under the provisions 14 of the Internal Revenue Code of 1986 (Public Law 99-514, 26 15 U.S.C. § 1 et seq.) and approved by the Department of Community 16 and Economic Development. 17 "Private company." Any agricultural, industrial, 18 manufacturing or research and development enterprise as defined 19 in section 3 of the act of May 17, 1956 (1955 P.L.1609, No.537), 20 known as the "Pennsylvania Industrial Development Authority 21 Act," or any commercial enterprise as defined in section 3 of 22 the act of August 23, 1967 (P.L.251, No.102), known as the 23 "Economic Development Financing Law." 24 "Public school." Any school within this Commonwealth 25 conducted under the order and superintendence of the Department 26 of Education, including, but not limited to: elementary, 27 intermediate, middle and high schools, vocational-technical 28 schools and intermediate units. 29 "Qualified donation." A donation of new computer software, 30 new computers or new computer peripheral equipment from a 19970H1986B2570 - 3 -
1 business firm for the direct purpose of providing computer 2 science education. The term also includes a donation of computer 3 science training or teaching services from a business firm to a 4 public school for the direct purpose of providing computer 5 science education. 6 "Qualified investments." Any investments made by a private 7 company which promote community economic development pursuant to 8 a plan which has been developed in cooperation with and approved 9 by a neighborhood organization operating pursuant to a plan for 10 the administration of tax credits approved by the Department of 11 Community and Economic Development. 12 Section 2. Section 1903-A of the act, added June 16, 1994 13 (P.L.279, No.48), is amended to read: 14 Section 1903-A. Public Policy.--It is hereby declared to be 15 public policy of this Commonwealth to encourage investment by 16 business firms in offering neighborhood assistance and providing 17 job training, education, crime prevention and community 18 services, to encourage contributions by business firms to 19 neighborhood organizations which offer and provide such 20 assistance and services and to promote qualified investments 21 made by private companies to rehabilitate, expand or improve 22 buildings or land which promote community economic development 23 and which occur in portions of impoverished areas which have 24 been designated as enterprise zones[.] and to encourage 25 donations by business firms of new computer equipment and 26 training services to public schools in impoverished areas. 27 Section 3. Sections 1904-A and 1905-A of the act, amended 28 May 7, 1997, (P.L., No.7), are amended to read: 29 Section 1904-A. Tax Credit.--(a) (1) Any business firm 30 which engages or contributes to a neighborhood organization 19970H1986B2570 - 4 -
1 which engages in the activities of providing neighborhood 2 assistance, job training or education for individuals, community 3 services or crime prevention in an impoverished area or private 4 company which makes qualified investment to rehabilitate, expand 5 or improve buildings or land located within portions of 6 impoverished areas which have been designated as enterprise 7 zones shall receive a tax credit as provided in section 1905-A 8 if the secretary annually approves the proposal of such business 9 firm or private company. The proposal shall set forth the 10 program to be conducted, the impoverished area selected, the 11 estimated amount to be invested in the program and the plans for 12 implementing the program. 13 (2) Any business firm which makes a qualified donation to a 14 public school in an impoverished area for the purpose of 15 educating students shall receive a tax credit as provided in 16 section 1905-A if the receiving school and the Secretary of 17 Community and Economic Development annually approve the proposal 18 of such business firm. The proposal shall set forth: 19 (i) The donation to be made. 20 (ii) The impoverished area selected. 21 (iii) The estimated market value of the donation to the 22 public school. 23 (iv) The plans for providing the donation. 24 (b) The secretary is hereby authorized to promulgate rules 25 and regulations for the approval or disapproval of such 26 proposals by business firms or private companies and provide a 27 listing of all applications received and their disposition in 28 each fiscal year to the General Assembly by October 1 of the 29 following fiscal year. 30 (c) The total amount of tax credit granted for programs 19970H1986B2570 - 5 -
1 approved under this act shall not exceed [eighteen million 2 dollars ($18,000,000)] twenty-two million dollars ($22,000,000) 3 of tax credit in any fiscal year, subject to the following: 4 (1) three million two hundred fifty thousand dollars 5 ($3,250,000) of the total amount of tax credit shall be 6 allocated for comprehensive service projects, but the secretary 7 may reallocate any unused portion of the three million two 8 hundred fifty thousand dollars ($3,250,000) for any other 9 program authorized by this act if insufficient applications are 10 made for comprehensive service projects; and 11 (2) four million dollars ($4,000,000) of the total amount of 12 tax credit shall be set aside exclusively for private companies 13 which make qualified investments to rehabilitate, expand or 14 improve buildings or land which promote community economic 15 development and which occur in portions of impoverished areas 16 which have been designated as enterprise zones. 17 (3) four million dollars ($4,000,000) of the total amount of 18 tax credit shall be set aside exclusively for business firms 19 which make qualified donations, but the Secretary of Community 20 and Economic Development may reallocate any unused portion of 21 the four million dollars ($4,000,000) for any other program 22 authorized by this act if insufficient applications are made for 23 qualified donations. 24 Section 1905-A. Grant of Tax Credit.--The Department of 25 Revenue shall grant a tax credit against any tax due under 26 Article IV, VI, VII, VII-A, VIII, VIII-A, IX, X or XV of this 27 act, or any tax substituted in lieu thereof in an amount which 28 shall not exceed fifty per cent of the total amount invested or 29 of the total market value of qualified donations during the 30 taxable year by the business firm or twenty per cent of 19970H1986B2570 - 6 -
1 qualified investments by a private company in programs approved 2 pursuant to section 1904-A of this act: Provided, That a tax 3 credit of up to seventy per cent of the total amount invested 4 during the taxable year by a business firm or up to thirty per 5 cent of the amount of qualified investments by a private company 6 may be allowed for investment in programs where activities fall 7 within the scope of special program priorities as defined with 8 the approval of the Governor in regulations promulgated by the 9 secretary. Regulations establishing special program priorities 10 are to be promulgated during the first month of each fiscal year 11 and at such times during the year as the public interest 12 dictates. Such credit shall not exceed two hundred fifty 13 thousand dollars ($250,000) annually, except in the case of 14 comprehensive service projects which shall be allowed an 15 additional credit equal to seventy per cent of the qualifying 16 investments made in comprehensive service projects; however, 17 such additional credit shall not exceed three hundred fifty 18 thousand dollars ($350,000) annually. No tax credit shall be 19 granted to any bank, bank and trust company, insurance company, 20 trust company, national bank, savings association, mutual 21 savings bank or building and loan association for activities 22 that are a part of its normal course of business. Any tax credit 23 not used in the period the investment or donation was made may 24 be carried over for the next five succeeding calendar or fiscal 25 years until the full credit has been allowed. The total amount 26 of all tax credits allowed pursuant to this act shall not exceed 27 [eighteen million dollars ($18,000,000)] twenty-two million 28 dollars ($22,000,000) in any one fiscal year. 29 Section 4. This act shall apply to taxable years beginning 30 after December 31, 1996. 19970H1986B2570 - 7 -
1 Section 5. This act shall take effect July 1, 1997, or 2 immediately, whichever is later. F10L72VDL/19970H1986B2570 - 8 -